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2025 Supreme(Online)(Mad) 65227

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SHAMIM AHMED, J
Jayashree – Appellant
Versus
Vivekanandhan – Respondent
Tr.C.M.P.(MD) No.352 of 2025 | Tr.C.M.P.(MD) No.357 of 2025



Advocates:
For the Appellants/Petitioners: Mr.K.P.P.Raja Raja Chozhan
For the Respondents: Mr.A.Arun Ramnath

The court recognized the effectiveness of mediation in settling family disputes, allowing parties to withdraw cases based on a mutual agreement.

Headnote:This case pertains to the transfer of civil miscellaneous petitions under Section 24 of the Code of Civil Procedure. The petitioner seeks to withdraw her family-related cases from the Family Court in Tiruchirapalli and transfer them to the Family Court in Chennai, following a mediation agreement outlining mutual divorce and child custody arrangements. The court found that both parties had amicably settled their disputes through a mediation process conducted on 29.08.2025, and it recognized the need to dispose of the petitions as no justifiable cause of action remained. As per the mediation report, the court ultimately resolved to approve the agreement and dismiss the petitions, affirming the parties' commitment to the mediation terms.

Table of Content
1. transfer petitions filed for mutual divorce and custody. (Para 1 , 2)
2. court acknowledges completion of mediation leading to agreement. (Para 5)
3. court disposes petitions as there is no ongoing cause of action. (Para 6 , 7)

COMMON ORDER

Tr.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 attached 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 hereto Mrs. 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 Divorce

1.1) 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.

B. Custody of Child

2.1) 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 76750

2.5) 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 informed 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

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