Kawsalya v. V.Suren Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.20255
CORAM:
THE HONOURABLE MR.JUSTICE SHAMIM AHMED and C.M.P.(MD)No.10929 of 2025 Kawsalya, W/o.Suren Kumar, D/o.Aravintharaj, No.918, Thiruvalluvar Colony, Pallapatti Road, Thiruthangal, Sivakasi Taluk, Virudhunagar District.
...Petitioner
Vs V.Suren Kumar, S/o.Valarmathi, No.4/279, R.C.Street, Pudhiyam Puttur Village, Ottapidaram Taluk, Thoothukudi District.
...Respondent
Prayer: Transfer Civil Miscellaneous Petition is filed under Section 24 of CPC, to withdraw the proceedings in D.O.P.No.334 of 2025 on the file of the learned Principal District Judge, Thoothukudi and to transfer the same to the file of the learned Principal District Judge, Srivilliputtur at Virudhunagar District.
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For Petitioner : Mr.J.Jeyakumaran
ORDER
This Transfer Civil Miscellaneous Petition has been filed by the Petitioner/Wife to withdraw the proceedings in D.O.P.No.334 of 2025 on the file of the learned Principal District Judge, Thoothukudi and to transfer the same to the file of the learned Principal District Judge, Srivilliputtur at Virudhunagar District.
2. Heard Mr.J.Jeyakumaran, learned counsel for the petitioner.
3. The Co-ordinate Bench of this Court, vide order dated 08.08.2025, 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 31.10.2025, stating that the mediation was completed and an agreement was entered into between the parties on 31.10.2025. The terms of the agreement dated 31.10.2025 are reproduced herein below:- 2/7
"This Settlement Agreement entered into on 31.10.2025 between S.Kowsalya
...Petitioner
and V.Suren Kumar ...Respondent, WHEREAS,
1. Disputes and difference had arisen between the parties hereto and Tr.CMP(MD). No.397 of 2025 was filed before the Madurai Bench of Madras High Court, dated 15.07.2025.
2. The matter was referred to mediation/conciliation vide an order dated 08.08.2025 passed by Hon'ble Mrs. Justice.S.Srimathy
3. The parties agreed that Mr.V.Maharajan and Mr.A.Rajaram would act as their Mediator/Conciliator.
4. Several meetings were held during the process of Mediation/Conciliation from 21.08.2025 to 31.10.2025 and the parties have with the assistance of the Mediator/Conciliator voluntarily arrived at an amicable solution resolving the above mentioned disputes and difference.
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:
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A. The petitioner/Kowsalya is agreed to reunion with the husband namely V.Suren Kumar and live along with him at Puducherry (No.6, Sivaramakrishna house, Mathikerishnapuram, Near Selva Plastic Company, Pillaiarpuram, Puducherry) for a period of two months from 1st week of December 2025. Thereafter both the parties, as per the out come of the peaceful family life for the above said two months period, if they are satisfied, both the parties agreed to withdraw the respective cases filed by them. (i.e) D.O.P.No. 334/2025 On the file of the Principal District Judge, Thoothukudi, M.C.No.17/2025 on the file of the Judicial Magistrate No.2, Sivakasi and Crl.MP.No.231/2025 on the file of the Judicial Magistrate No.1, Sivakasi. Until then, both the petitioner and respondent agreed not to proceed in further. B. The respondent/husband namely V.
Suren Kumar is also agreed and ensure the safety of the petitioner/wife in their family, for the next two months at Puducherry, from 1st week of December 2025. The respondent/husband assured to take back his wife/petitioner with his in the 1st week of December 2025.
7. By signing this Agreement the Parties hereto state that they have no further claims or demands against each other with respect to Tr.CMP(MD).No.397 of 2025 and all disputes and difference in this regard have been amicably settled by the parties hereto through the process of conciliation/Mediation" 4/7
4. Today, when the matter is being taken up, Mr.J.Jeyakumaran, learned counsel for the petitioner submits that both the parties have entered into compromise and settled the matter amicably, in terms of the agreement entered into between them dated 31.10.2025. Thus, he prays this Court that the present Transfer Civil Miscellaneous Petition may be disposed of, in terms of the agreement entered into between the parties, dated 31.10.2025, as now there is no cause of action exists in the present Transfer Civil Miscellaneous Petition.
5.Accordingly, after considering the arguments as advanced by the learned counsel for the petitioner and after perusal of the mediation report filed by the Mediation and Conciliation Centre attached to this Bench, dated 31.10.2025 as well as the settlement agreement entered into between the parties, dated 31.10.2025 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 Petition pending before this Court, as now there is no cause of action exists in the present Transfer Civil Miscellaneous Petition. 5/7
6.Accordingly, the Transfer Civil Miscellaneous Petition is finally disposed of, in terms of the agreement entered into between the parties, dated 31.10.2025. It is made clear that both the parties are directed to abide by the conditions stated in the agreement dated 31.10.2025. The file is consigned to record. No costs. Consequently, connected Miscellaneous Petition is closed.
10.11.2025 Index:Yes/No Web:Yes/No Speaking/Non Speaking Nsr To:
1.The Principal District Judge, Thoothukudi.
2.The Principal District Judge, Srivilliputtur at Virudhunagar District 6/7
SHAMIM AHMED , J.
Nsr 10.11.2025 7/7