Madras High Court
V.Venugopal vs Kousalya Devi on 28 November, 2023
CRP.No. 2888 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2023
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMIL SELVI
CRP.No.2888 of 2023
and
CMP.No.17877 of 2023
V.Venugopal ... Petitioner
Vs.
Kousalya Devi ... Respondent
Prayer : Civil Revision Petition filed under Article 227 of the Constitution of
India, praying to set aside the Fair and Decretal Order passed by the Additional
Family Court at Coimbatore in I.A.No.03 of 2021 in HMOP.No.846 of 2019
dated 22.02.2023.
For Petitioner : Mr.Thangavadhanabalakrishnan
For Respondent : Mr.K.V.Muthuvisakam
ORDER
https://www.mhc.tn.gov.in/judis Page No.1/6 CRP.No. 2888 of 2023 The petitioner has filed this petition to set aside the order passed by the learned Additional Family Judge, Coimbatore in I.A.No.03 of 2021 in HMOP.No.846 of 2019 dated 22.02.2023.
2. Before the trial Court the petitioner has filed HMOP.No.846 of 2019, on the file of the Family Court, Coimbatore, under Section 13(1)(ia) of the Hindu Marriage Act 1955, for dissolving the marriage between the petitioner and the respondent and thereafter, ex-parte order was passed against the respondent on 16.03.2021. Against which the respondent has filed I.A.No.3 of 2021 in HMOP.No.846 of 2019, under Order IX Rule 13 and Section 151 of CPC to set aside the ex-parte decree passed against her. On hearing both sides the learned trial Judge allowed I.A.No.3 of 2021 on payment of cost of Rs.1,000/-. Aggrieved by the said order the revision petitioner has preferred this revision.
3. The learned counsel for the petitioner submitted that the petitioner and the respondent got married on 02.09.2009 at Amanalingeswarar Temple, Tiruppur under the Rites and customs of Hinduism. On 10.06.2010 they begot a girl child. Due to matrimonial dispute arose between them the petitioner has filed HMOP.No.846 of 2019. The petitioner was working at Dubai during their https://www.mhc.tn.gov.in/judis Page No.2/6 CRP.No. 2888 of 2023 marriage and the respondent also agreed to go along with him, however she refused to accompany him after marriage. He further submitted that after the birth of Child the respondent not permitted the petitioner and his family members to meet the child and threatened him she would lodge dowry harassment complaint against them. In the circumstances the respondent got employed at Canada, from then on the respondent started demanding divorce from the petitioner and frankly said she wanted to commit second marriage further she threatened the petitioner stating that she would kill herself and the child at the instance of the petitioner not granting her divorce. Thereafter the petitioner filed divorce petition. Hence he prays to allow this petition.
4. The learned counsel for the respondent submitted that ex-parte decree was passed on 16.03.2021 against the respondent, immediately the petitioner got second marriage on 18.04.2021 with an intention to harass the respondent. He further submitted that the respondent filed an frivolous application to set aside exparte decree and the same was allowed erroneously by the learned trial judge. Hence, she prays to dismiss the petition.
5. Considering both side submissions and on a perusal of the records, it reveals that the learned trial Judge rightly concluded, which needs no interference by this Court.
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6. Accordingly, this Civil Miscellaneous petition is dismissed. Consequently connected Miscellaneous petition is closed. No costs.
7. However, on considering the facts on record the matter is referred to the Mediation centre before the learned Family Judge, Coimbatore. The learned Family Judge is directed to proceed with the case not less than 5 sittings. If any of the parties in abroad, permitted to appear through video conference.
28.11.2023 Index : Yes/No Speaking order / Non speaking order rri To
1.The Additional Family Judge, Coimbatore.
https://www.mhc.tn.gov.in/judis Page No.4/6 CRP.No. 2888 of 2023
2.The Family Judge, Coimbatore.
3.The Section Officer, VR-Section, High Court of Madras.
T.V.THAMIL SELVI, J.
rri https://www.mhc.tn.gov.in/judis Page No.5/6 CRP.No. 2888 of 2023 CRP.No.2888 of 2023 and CMP.No.17877 of 2023 28.11.2023 https://www.mhc.tn.gov.in/judis Page No.6/6