M.S.Priyadharshini v. M.Manickavasagam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-08-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI 1.M.S.Priyadharshini 2.Minor M.P.Pugazhindiran Rep by his mother and natural guardian M.S.Priyadharshini ... Petitioners Vs M.Manickagasagam ... Respondent Petition filed under Section 24 of Civil Procedure Code to withdraw HMOP No.926 of 2024 from the file of XXXVII Additional Principal Judge at Coimabtore and transfer the same to the file of Special Judge of Family Court at Salem.
For Petitioners : Mr.G.Karthikeyan For Respondent: Mr.S.V.Pravin Rathinam
ORDER
Learned counsel for the parties are present. After the parties were referred to Mediation, the parties have been successful in reaching a settlement and have executed a settlement agreement dated 13.08.2025 in the presence of their respective counsel which reads as follows:-
SETTLEMENT AGREEMENT This SETTLEMENT AGREEMENT entered into on 13.08.2025 between M.S.PRIYADHARSHINI AND M.MANICKAVASAGAM WHEREAS 1.Disputes and differences had arisen between the parties hereto and Tr.C.M.P.No.75/2025 was filed on 21.01.2025 before Hon'ble Madras High Court.
2.The matter was referred to mediation/conciliation vide an order dated 18.06.2025 passed by Hon'ble Justice P.B.B.J. 3.The Parties agreed that Mrs.Vijayakumari Natarajan & Mr.V.M.Nagarajan would act as their Mediators Conciliator. 4.Several meetings were held during the process of Mediation/Conciliation from 02.07.2025 to 13.08.2025 and the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and differences.
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 Mediator/Conciliator.
6.The following settlement has been arrived at between the Parties hereto:
A.The Tr.C.M.P.No.75/2025 had been referred for mediation Tr.C.M.P has been filed by the wife to Transfer the HMOP No926/2024 on the file of the XXXVII Addl. Principal Judge, Coimbatore to try it along with the M.C.No.88 of 2024 on the file of Family Court, Salem.
B.The parties agree to file mutual divorce application before Family Court Salem on the withdrawing the divorce petition HMOP No.926/2024 on the file of the XXXVII Additional Principal Judge, Coimbatore.
C.The parties will proceed with M.CNo.88 of 2024 at Family Court, Salem and if there is any possibilities they will settle it there, D. The parties agree that the father will meet the child at Muniyappan Temple, Mullai Nagar, Salem on every 2nd and 4th Sunday from 10 A.M to 12.00 Noon. The mother will bring the child to the agreed spot. The father also will have the right of visitation on June 9th Every Year ie., the birth day of the Child.
7. By signing this Agreement the parties hereto state that they
have no further claims or demands against each other, with respect to HMOP No.926/2024 on the file of the XXXVI Additional Principal Judge, Coimbatore and all disputes and differences in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation. Date:13.08.2025.
2. Both the parties are willing to abide by the settlement. In view of the settlement, HMOP No.926 of 2024 is withdrawn from the file of Additional Principal Judge at Coimbatore and transferred to the file of Family Court, Salem to be tried along with M.C.NO.88 of 2024.
3. The Additional Principal Family Court, Coimbatore is directed to send the entire records relating to HMOP No.926 of 2024 to the Family Court, Salem forthwith.
4. It is made clear that the transfer will not come in the way of the parties filing mutual consent divorce petition. The parties have also agreed with regard to the visitation rights of the minor child and the parties shall abide by the terms of the settlement till final orders are obtained in the mutual consent divorce petition.
5. With the above observations, Tr.CM.P.No.75 of 2025 is ordered. The settlement agreement dated 13.08.2025 shall form part of the record. No costs. Consequently, connected miscellaneous petition is closed. 22.08.2025 Index: Yes/No Website:yes/no Speaking Order/Non-speaking Order sr To
1. The XXXVII Additional Principal Court, Coimbatore
2. The Family Court, Salem.
P.B.BALAJI.,J sr 22.08.2025