M.Anand Vs G.Ranipriya

Prayer : This Civil Miscellaneous Appeal filed under Section 55 of I.D.O.P. Act, against the fair and decreetal order passed by the Principal District Court, Karur in I.D.O.P.No.49 of 2021 dated 21.06.2023 by allowing the civil miscellaneous appeal.

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For Appellant : Mr.R.Gowrishankar For Respondent : Mr.S.Deenadhayalan

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JUDGMENT

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The Civil Miscellaneous Appeal has been filed by the appellant/ husband against the fair and decreetal order dated 21.06.2023 passed in

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https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.328 of 2025

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I.D.O.P.No.49 of 2021 on the file of the Principal District Court, Karur, dismissing the petition filed for divorce.

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Admittedly, the marriage between the appellant and the respondent was solemnized on 05.07.2010 and due to wedlock, they have been blessed with a female child. The appellant/husband filed a petition in I.D.O.P.No.49 of 2021 before the Principal District Court, Karur seeking divorce and the same was dismissed on 21.06.2023. Aggrieved over the same, the appellant has preferred this appeal.

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When the matter is taken up for hearing today, the appellant and the respondent are present before this Court.

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The learned counsel appearing for the appellant and the respondent would submit that pending this appeal, the matter was referred to the Mediation and Conciliation Centre attached to this Bench vide order dated 08.04.2025 and pursuant to the said order, the appellant and the respondent appeared before the Mediator and in the mediation, they agreed to resolve the issue and entered into settlement agreement in Mediation No.315 of 2025.

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https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.328 of 2025

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The mediation final report from the Mediator is also received, by

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enclosing the settlement agreement dated 02.07.2025 entered between the

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parties and the same has been signed by the parties as well as their respective counsel. The settlement agreement entered between the parties is extracted hereunder:-

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“This SETTLEMENT AGREEMENT entered into on 02.07.2025 between

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M.Anand

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S/o Meenakshisundaram

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Vs

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G.Ranipriya

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D/o Ganesan, W/o Anand

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WHEREAS

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1. Disputes and differences had arisen between the parties hereto and C.M.A(MD)No. 328 of 2025 has been filed on 13.02.2025 before the Madurai Bench of the Madras High Court by the husband against the dismissal of the divorce petition in 1.D.O.P.No.49 of 2021 on the file of the Principal District Court, Karur.

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2. The matter was referred to mediation/conciliation vide an order dated 08.04.2025 passed by Mrs.Justice L.VICTORIA GOWRI.

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https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.328 of 2025

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3. The parties agreed that Mr.S.MOHANDOSS and Mrs.N.JULIET LATHA would act as their Mediators/ Conciliators.

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4. Several meetings of were held during the process of Mediation/Conciliation from 16.04.2025 to 02.07.2025 and the parties have with the assistance of the Mediators/ Conciliators voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.

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5. The parties hereto confirm and declare that they have voluntarily and of their own free will arrived at this settlement Agreement in the presence of the Mediators/ Conciliators.

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6. The following settlement has been arrived at between the parties hereto:

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“A. The Appellant/Husband agreed to deposit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as Fixed Deposit (FD) in the name of his daughter A.Benita Shiney at State Bank of India (SBI), Kulithalai Branch. Also he agreed to give a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as Demand Draft to be taken in the SBI, Kulithalai Branch in the name of the Respondent/Wife. The Appellant/Husband is willing to settle above said money as a permanent alimony to them. The Respondent also agreed

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https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.328 of 2025

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to receive the said FD and DD.

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B. Both parties are agreed to return their respective jewels. (ie) Appellant agreed to return 6 sovereign of Gold jewels (one ring, one bracelet and one chain). The Respondent agreed to return one chain (3 sovereign) and a ring to the appellant.

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C. Accordingly the Appellant/Husband has deposited said FD amount Rs.20,00,000/- vide FD dated 01.07.2025 in A/c No.44230857136 and also taken a DD of Rs. 5,00,000/- in favour of the respondent/wife in D.D.No. 501340 dated 01.07.2025. Today the respondent has received said FD, DD and jewels from the Appellant. Also the Appellant has received said jewels from the respondent.

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D. Also the Respondent agreed that the appellant have the visitation right once in a month (ie 2^nd Saturday evening) to see his daughter at Kulithalai in a public place such as Church or park near by to her house.

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E. The Respondent has no objection to allow the C.M.A(MD)No.328 of 2025 and grant Divorce Decree by the Hon'ble Madurai Bench of Madras High Court without admitting the mutual allegations made in the case. (If alternatively need, both parties agreed to file Mutual divorce before the competent Court)”

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https://www.mhc.tn.gov.in/judis

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C.M.A.(MD)No.328 of 2025

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The learned counsel on either side would submit that this civil miscellaneous appeal may be allowed in terms of the above said settlement agreement.

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Accordingly, this Civil Miscellaneous Appeal is allowed on the following terms,

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(i) the fair and decretal order dated 21.06.2023 passed in I.D.O.P.No.49 of 2021 is hereby set aside;

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(ii) there shall be decree for divorce between the appellant and the respondent; and

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(iii) the appellant has the visitation right once in a month (ie 2^nd Saturday evening) to see his daughter at Kulithalai in a public place such as Church or park near by to her house.

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