High Court · 2025

TR.C.M.P.(MD)Nos.352 and 357 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 12.11.2025CORAMTHE HONOURABLE MR.JUSTICE SHAMIM AHMEDTR.C.M.P.(MD)Nos.352 and 357 of 2025andC.M.P.(MD)Nos.9730 and 9816 of 2025In Tr.C.M.P.(MD) No.352 of 2025Jayashree, D/o.Sudhan Roche, No.176, Valamburi Nagar, Pirattiyur, Tiruchirapalli. Now residing at S1, Sai Indus Garden, Balaji Nagar Extension,Irumbuliyur, East Tambaram,Chennai-600 045.... Petitionervs.Vivekanandhan, S/o. Arumugam, No.2/256, Vellalar Street, Kuzhumani Village, Srirangam (Taluk),Tiruchirapalli-639 123. ... RespondentPRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to withdraw and transfer the G.W.O.P.No.1/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025431 of 2023 pending on the file of District Court (Family Court) Trichy, to the Family Court, Chennai.For Petitioner:Mr.K.P.P.Raja Raja ChozhanFor Respondent:Mr.A.Arun Ramnath*****In Tr.C.M.P.(MD) No.357 of 2025Jayashree, D/o.Sudhan Roche, No.176, Valamburi Nagar, Pirattiyur, Tiruchirapalli. Now residing at S1, Sai Indus Garden, Balaji Nagar Extension,Irumbuliyur, East Tambaram,Chennai-600 045.... Petitionervs.Vivekanandhan, S/o. Arumugam, No.2/256, Vellalar Street, Kuzhumani Village, Srirangam (Taluk),Tiruchirapalli-639 123. ... RespondentPRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Code of Civil Procedure to withdraw and transfer the I.D.O.P.No.254 of 2023 pending on the file of Family Court, Tiruchirapalli, to the Family Court, Chennai.2/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025For Petitioner:Mr.K.P.P.Raja Raja ChozhanFor Respondent:Mr.A.Arun RamnathCOMMON ORDERTr.CMP.(MD) No.352 of 2025 has been filed by the Petitioner/Wife to withdraw the case in G.W.O.P.No.431 of 2023 on the file of the District Court, (Family Court), Tiruchirappalli and transfer the same to the file of Family Court, Chennai.2.Tr.CMP.(MD) No.357 of 2025 has been filed by the Petitioner/Wife to withdraw the case in I.D.O.P.No.254 of 2023 on the file of the Family Court, Tiruchirappalli and transfer the same to the file of Family Court, Chennai.3.Heard Mr.K.P.P.Raja Raja Chozhan, learned counsel for the petitioner and Mr.A.Arun Ramnath, learned counsel for the respondent.4.The Co-ordinate Bench of this Court, vide order dated 15.07.2025, referred the matter to the Mediation and Conciliation Centre 3/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025attached to this Bench. In compliance with the direction issued by the Co-ordinate Bench of this Court, the Mediation and Conciliation Centre attached to this Bench filed its report dated 29.08.2025, stating that the mediation was completed and an agreement was entered into between the parties on 29.08.2025. The terms of the agreement dated 29.08.2025 are reproduced herein below:-“6.The Following settlement has been arrived at between the parties heretoMrs. Jayashree who is the Petitioner in both the cases and Mr. Vikekanandhan is the Respondent in both the cases. The Parties are referred in this agreement as their status in the both the case. The agreement is as follows:. A. Withdrawal & Mutual Divorce1.1) The petitioner will withdraw 1.D.O.P No. 254 of 2023 on the file of Family Court, Trichy filed by her.1.2) The respondent will withdraw G.W.O.P No. 431 of 2023 on the file of Family Court, Trichy filed by him.1.3) After withdrawal of both the case, both the parties will file a Mutual Divorce case before the same Family Court, Trichy within a period of 3 months from the withdrawal of the above said cases.4/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025B. Custody of Child2.1) Both the parties agreed that, the custody of their son will be vested with the petitioner and the respondent will have visitation right.2.2) From the date of execution of this agreement and till compromise agreement is filed in the mutual divorce case the respondent will go to Chennai and will take the child from any common place at 10.00 am., and will return him around 2.00p.m.2.3) The present agreement regarding the visitation right of the respondent shall be reconsidered by both the parties while filing compromise agreement in mutual divorce case at Trichy.2.4) The respondent will inform prior to the petitioner regarding the visitation time and date to the petitioner's phone no. 86088 767502.5) Both the parties agreed that during their respondent birthday the child will be with him from the agreed weekend from 10.00 am., to around 02.00 pm.,2.6.) On the birthday of the child, both parties will have the child half day each. The first half of the day from 10 am to 2 p.m will be with the respondent.2.7) If contingency arises for the petitioner to relocate due to her job or due to the child education, the same shall be 5/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025informed in prior to the respondent.2.8) In case the child or the respondent want to talk over the phone or thorough video call to each other the petitioner shall cooperate and shall not cause any impediment.2.9) The respondent will contact only in the above-mentioned contact no. and also will not disturb in any other means outside the stipulated time.2.10) In case of parents teachers meeting, the respondent shall attend along with the petitioner.2.11) The respondent will not force the child for visitation or take the child outside without the child consent. If the child is not willing or not in any position to go along with the respondent the petitioner shall try her best to console the child to go with the respondent. If needed the petitioner may accommodate the kid along with the respondent.2.12) The child will not be taken outside the city limits.2.13) The respondent must inform the petitioner of every outing including the place and duration.2.14) The child will not be taken to unwanted places or made to visit unauthorised persons without the petitioner's knowledge.2.15) The respondent shall contact the child though video call or voice call in case if he is not able to meet him on his allotted even weekends.2.16) During visitation, the respondent will strictly 6/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025maintain punctuality and should hand over the child without delay.C.Articles.3.1) Both the parties' things, gold and other articles are exchanged in front of their respective counsels.3.2) Only few things of the petitioner are with the respondent and it will be taken by them on 30.08.2025 or 01.09.2025 and one Scooty bike of the respondent will be taken by the respondent on 31.08.2025.3.3) The respondent today i.e) had handed over the Cheque bearing No. 19 from Bank of Baroda in the name of his mother due to practical difficulties to a sum of Rs. 3,80,990/-. To the petitioner in front of both their counsels.D. Alimony & Maintenance4.1) The petitioner herein has waived her Alimony and Maintenance including the child maintenance in present and in future.E. Violation5.1) Any one of the parties violates the conditions agreed herein, both parties are at their liberty to file contempt proceedings.7/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 20257. By signing this Agreement the parties hereto state that they have no further claims or demands against each other with respect to subject matter of Tr.Cmp(MD).No.352/2025, Tr.Cmp(MD).No.357/2025 and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation.”5.Today, when the matter is being taken up, Mr.K.P.P.Raja Raja Chozhan, learned counsel for the petitioner and Mr.A.Arun Ramnath, learned counsel for the respondent submit that both the parties have entered into compromise and settled the matter amicably, in terms of the agreement entered into between them dated 29.08.2025. Thus, they prays this Court that the present Transfer Civil Miscellaneous Petitions may be disposed of, in terms of the agreement entered into between the parties, dated 29.08.2025, as now there is no cause of action exists in the present Transfer Civil Miscellaneous Petitions.6.Accordingly, after considering the arguments as advanced by the learned counsel for the parties and after perusal of the mediation report filed by the Mediation and Conciliation Centre attached to this Bench, 8/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025dated 29.08.2025 as well as the settlement agreement entered into between the parties, dated 29.08.2025 and also considering the fact that the parties have entered into compromise, this Court deems it appropriate that no useful purpose would be served by keeping this Transfer Civil Miscellaneous Petitions pending before this Court, as now there is no cause of action exists in the present Transfer Civil Miscellaneous Petitions. 7.Accordingly, these Transfer Civil Miscellaneous Petitions are finally disposed of, in terms of the agreement entered into between the parties, dated 29.08.2025. It is made clear that both the parties are directed to abide by the conditions stated in the agreement dated 29.08.2025. The file is consigned to record. No costs. Consequently, connected Miscellaneous Petitions are closed. Index :Yes / No12.11.2025Internet:Yes / NoNCC:Yes / Nomm9/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025To1.The Judge, Family Court Trichy.2.The Judge, Family Court, Chennai10/11 https://www.mhc.tn.gov.in/judis TR.C.M.P.(MD)Nos.352 and 357 of 2025SHAMIM AHMED, J. mmTR.C.M.P.(MD)Nos.352 and 357 of 202512.11.202511/11