K.S.K.Nepolian Socraties Vs S.Menaka

Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family Court Act read with Order CPC against the order in H.M.O.P.No. 4812 of 2019 on the file of V Additional Family court, Chennai, dated 23.10.2025.

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For Appellant : Mr. R.Marudhachalamurthy

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For Respondent : Mr. G.Mohana Krishnan For Mediator : Mr.M.K.Kabir Senior Advocate

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J U D G M E N T

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(Order of the Court was made by C.V. KARTHIKEYAN , J . )

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This Appeal has been preferred by the petitioner in H.M.O.P.No. 4812 of 2019 on the file of V Additional Family Court at Chennai aggrieved by the Judgment dated 23.10.2025. The said petition had been presented by the appellant seeking dissolution of the marriage solemnised between him and respondent taking advantage of Section 13(1)(ia) of the Hindu Marriage Act. After full trial, the petition had been dismissed, necessitating the filing of this Appeal.

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When the Appeal came up for admission before this Court, a Coordinate Division Bench had directed efforts to mediate the issues to be undertaken to bring about an amicable solution between the appellant and the respondent. This was by order dated 06.02.2026. In the said order, the Division Bench had specifically requested the assistance of Mr.M.K.Kabir, learned Senior Counsel and trained mediator to extend his services to bring about an amicable solution and prepare the terms thereof between the appellant and the respondent.

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We are deeply grateful and we are confident that both the appellant and the respondent are also appreciative of the services rendered by Mr. M.K. Kabir, learned Senior Counsel, who devoted time and attention to presenting the settlement agreement dated 29.04.2026, entered into between

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the parties.

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In view of the settlement reached, a mention had been made in the

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Court to bring this matter up in the list and accordingly, by way of additional list, the matter had been listed today by this Court.

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During the hearing, the learned counsel for the appellant and the learned counsel for the respondent were present. The appellant and the respondent were also persent. Mr.M.K.Kabir, learned Senior Counsel / Mediator was also present.

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We had later taken up the matter in the Chambers to enquire the appellant and the respondent their confirmation of the terms agreed and reduced into writing by the learned Mediator and signed by them and also by their respective counsels. Both the appellant and the respondent affirmed that with consent and knowledge, they had agreed to the terms which had been reduced as terms of settlement presented before us.

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The terms of the settlement shall form part of this order:-

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We would request the assistance of Mr.M.K.Kabir to continue till

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the amount of Rs.90/- lakhs is totally paid and till final orders are passed in C.C.No. 466 of 2024 on the file of Judicial Magistrate, Ambattur and in Crl.O.P.No. 11555 of 2025 pending before this Court and till all conditions set out in the settlement agreement are satisfied and complied and abided by both the parties.

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In view of the settlement reached, which obviously brings about complete severance between the appellant and the respondent relating to the marriage solemnised between them on 01.12.2017, we would exercise our jurisdiction and dissolve the said marriage under Section 13(B) of the Hindu Marriage Act 1955 as and from this date.

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