Madras High Court
J.Gopi Vasanth Kumar vs S.Revathy on 12 November, 2025
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
C.M.A.Nos.1749 & 1812 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.11.2025
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE
C.M.A.Nos.1749 & 1812 of 2023
J.Gopi Vasanth Kumar ... Appellant in both cases
-Vs-
S.Revathy ... Respondent in both cases
COMMON PRAYER : Appeals under Section 19 of the Family Court Act
against the common judgment and decree in O.P.Nos.800 & 1424 of 2015 dated
15.03.2023 on the file of V Additional Family Court, Chennai.
For Appellant : Mr.M.Mukilvannan
in both cases for Ms.Sudha Ramalingam
For Respondent : Mr.R.Dhamodaran
in both cases
COMMON JUDGMENT
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C.M.A.Nos.1749 & 1812 of 2023
(Judgment of the Court was delivered by R.SURESH KUMAR, J.)
The wife filed O.P.No.800 of 2015 and M.C.No.449 of 2015 and the said
O.P was filed for restitution of conjugal rights. The husband filed O.P.No.1424
of 2015 for divorce on the file of V Additional Principal Family Court, Chennai.
The trial Court having heard both the petitions as well as MC, allowed
O.P.No.800 of 2015 and dismissed O.P.No.1424 of 2015. M.C.No.449 of 2015
was partly allowed.
2. As against the allowing of O.P.No.800 of 2015 and dismissal of
O.P.No.1424 of 2015, the present civil miscellaneous appeals have been filed by
the husband.
3. At one point of time, we referred both these matters to the Mediation
Center to explore the possibility of settling these matters amicably between the
parties.
4. The Mediation Center after having explored the possibility of
settlement, has arrived at a settlement between the parties, and a mediation
report to that effect dated 12.08.2025 along with the memorandum of
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C.M.A.Nos.1749 & 1812 of 2023
understanding signed by both the parties, have been forwarded to this Court.
5. We have perused the said memorandum of understanding, where the
parties have agreed upon on various terms. The relevant portion of the
memorandum of understanding is recorded hereunder for ready reference:
"2.i. The Appellant has agreed to give a onetime
full and final settlement of Rs.27,50,000/- (Rupees
Twenty-seven Lakhs and Fifty Thousand only), towards all
the past, present and future monetary demands of the
Respondent with respect to her maintenance / permanent
alimony / damages etc. The Respondent has agreed to
receive the said sum of Rs.27,50,000/- in full and final
settlement of all her past, present and future monetary
demands for maintenance / permanent alimony / damages
etc. from the Appellant.
ii. Further, the Appellant has returned 48
sovereigns of gold jewellery and the other silver articles
(as mentioned in the document attached herewith) in his
possession along with the household articles that were
gifted at the time of marriage, to the Respondent. The
Respondent hereby received the same towards all her
past, present and future claims.
iii. The Respondent has agreed to return the
"Thali", to the Appellant. The Appellant hereby agrees to
receive the same towards all his past, present and future
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C.M.A.Nos.1749 & 1812 of 2023
claims.
iv. The Appellant handed over the Demand Draft
issued by ICICI Bank, Tiruvottiyour branch, Chennai
bearing No.509894 of Rs.5 Lakhs to the Respondent on
12.08.2025 i.e. the last date of the mediation. The
remaining amount of Rs.22.5 Lakhs will be presented to
the Respondent on the date of the final hearing in open
court. The Respondent agrees to return the "Thali" to the
Appellant on the said date.
v. Both the Appellant and Respondent herein
undertake to not initiate any further legal proceedings
against each other and to move ahead with their lives
independently, in view of this MoU made possible by the
Mediation. The Respondent hereby states that she will not
press M.C.No.449/2015 (disposed at present) which was
filed by her against the Appellant or initiate any new legal
proceedings against the Appellant with regard to
maintenance for herself.
vi. The Appellant and the Respondent hereby agree
and state that they will no precipitate any issue between
themselves and have no further claims against each other,
monetary or otherwise."
6. In view of this agreement reached between them, both the parties
represented by their respective counsel make a plea that, since both have agreed
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C.M.A.Nos.1749 & 1812 of 2023
for divorce, they can be driven to go before the concerned Court to file a formal
petition to seek for divorce there, the six months mandatory period can also be
directed to be dispensed with, so that the divorce petition could be taken up
early by the Court below, and the decision could be arrived on the basis of the
memorandum of understanding dated 12.08.2025, which is going to be recorded
in this order.
7. In view of the said understanding reached between the parties, where
both the parties signed along with the respective counsel, both the parties have
also come before this Court and have confirmed to the said terms of the
agreement, we are inclined to dispose of these civil miscellaneous appeals to the
following effect:
(i) that the terms of memorandum of understanding
between the parties dated 12.08.2025 is taken on record and it
shall form part of this order. In terms of the said memorandum
of understanding, the parties shall act upon.
(ii) That apart, the parties shall jointly approach the Court
below to file a formal petition seeking divorce under Section
13(B) of the Hindu Marriage Act, 1955 and if such a petition is
filed, the Court below shall take into the same and pass orders
thereon in terms of the said memorandum of understanding as
well as this order, by dispensing with the mandatory six moths
period.
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C.M.A.Nos.1749 & 1812 of 2023
8. With this direction and by recording the aforestated memorandum of
understanding, both these Civil Miscellaneous Appeals are disposed of.
However, there shall be no order as to costs.
(R.S.K., J.) (DR.A.D.M.C., J.)
12.11.2025
NCC : Yes / No
Index : Yes / No
Speaking Order : Yes / No
vji
To
1. The learned V Additional Principal Judge,
V Additional Family Court,
Chennai.
2. The Section Officer,
V.R. Section,
High Court,
Chennai.
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C.M.A.Nos.1749 & 1812 of 2023
R.SURESH KUMAR, J.
and
DR.A.D.MARIA CLETE, J.
vji
C.M.A.Nos.1749 & 1812 of 2023
12.11.2025
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