@JUDGMENTTAG-ORDER
M. Jaichandren, J.@mdashThis Criminal Revision Petition has been filed against the order dated 03.05.2011 in M.C. No. 36 of 2010 on the file of the learned Judicial Magistrate, Thambaram. This Criminal Revision Petition was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, by the order of this Court, dated 25.11.2011.
2. A communication, dated 05.09.2013, of the Tamil Nadu Mediation and Conciliation Centre, High Court of Madras, enclosing a copy of its Mediation Report, dated 21.08.2013, has been received, and in the said Mediation Report, it is stated as follows:-
Both the Petitioner and Respondent appeared before the Centre along with their Counsel. Parties arrived at an amicable settlement as per the terms in the Mediation Agreement enclosed herewith. Hence the matter is sent back to the Hon''ble Court.
3. As the parties have arrived at a settlement in terms of the Mediation Agreement, dated 21.08.2013, this revision petition is listed for passing orders in terms of the said Mediation Agreement.
4. The Mediation Agreement, dated 21.08.2013, signed by the parties and their respective counsel, reads as follows:-
Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
a) The Petitioner shall to pay a sum of Rs. 10 Lakhs as Maintenance, that is a sum of Rs. 9,00,000/- (Rupees Nine Lakhs Only) for the Minor child Badrinath, the 2nd respondent herein and a sum of Rs. 1,00,000/- (Rupees one lakh only) for the 1st respondent as full and final settlement as agreed by the 1st respondent. The said sum of Rs. 9 Lakh will be deposited in a fixed deposit in the name of the 2nd Respondent in a Nationalized bank which can be withdrawn by the 2nd Respondent on attainment of Majority.
b) The Petitioner has already deposited a sum of Rs. 4,60,000/- before the Magistrate Court, Tambaram. The 1st Respondent shall withdraw the said amount as part payment towards the maintenance of the above ten lakhs and the same shall be deposited in a fixed deposit in the name of the Minor child the 2nd respondent herein in a Nationalized bank.
c) The Petitioner shall pay the remaining amount of 4,40,000/- on the date of passing of the order in the Petition for Divorce in H.M.O.P. No. 387 of 2009 by way of Demand Draft and a sum of Rs. 1 lakh (Rupees one lakh only) by way of cash to the 1st respondent.
d) The Respondent will be entitled to withdraw the interest alone for the maintenance of the minor child.
e) The 1st Respondent shall retain the custody of the minor child. However she has no objection for the petitioner to visit the child after prior intimation to the 1st respondent.
f) The 1st Respondent has relinquished her right for maintenance in view of the amount received by her from the petitioner. The 1st Respondent will not claim any maintenance from the Petitioner past, present or future.
g) The Petitioner and the 1st Respondent have exchanged all their articles, certificates, movables and other items except the Thalli and chain, which the 1st Respondent agree to return on the date of passing of the order in H.M.O.P. No. 387 of 2009. The Petitioner and the 1st Respondent herein, hereby agree and declare that either of them is not in possession, enjoyment or control of any of the assets, properties, articles, money or other valuables what so ever belonging to the other and they will have no claim against each other on this score in future and declare that neither is in possession of any of the Jewels, Articles, Documents belongings to them or their Family members, except the Thirumangaliam chain weighing around 80 grams of Gold.
h) The Petitioner and the 1st Respondent herein undertakes that they will not misuse the photographs, videos, C.D.''s, Email correspondences and SMS between the Petitioner and the 1st Respondent herein during the time of the matrimonial life and the Petitioner and the 1st Respondent herein undertakes to destroy the same which is in their respective possession.
i) The 1st Respondent agrees to withdraw all the allegations of cruelty and the petitioner has no objection to allow the H.M.O.P. No. 387 of 2009 filed by her against the Petitioner on the ground of Desertion.
j) The Petitioner and the 1st Respondent declare that neither of them will lodge any complaints or file cases against each other or their family members in future in this regard.
k) The Petitioner and the 1st Respondent herein mutually agrees and undertake that they will not interfere or disturb their respective future life at any point of time in any manner.
In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 21.08.2013, and in terms of the Mediation Report, dated 21.08.2013, before the Tamil Nadu Mediation and conciliation Centre, High Court of Madras, this Criminal Revision Petition is disposed of, recording the terms of the Mediation Agreement, dated 21.08.2013. The terms of the Mediation Agreement, dated 21.08.2013, and the Mediation Report, dated 21.08.2013, of the Mediation Centre, shall form part of the order. The Miscellaneous Petitions are closed.
