Aravindan v. J.Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2023

CORAM

THE HON'BLE MRS. JUSTICE J. NISHA BANU AND THE HON'BLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY and C.M.A.SR.No.161525 of 2019 Aravindan ... Petitioner/Appellant Vs.

J.Kavitha

...Respondent

Prayer in C.M.P.No.

3217 of 2020:

Civil Miscellaneous Petition filed under Section 19(3) of Family Court Act, 1984 to condone the delay of 985 days in filing the Civil Miscellaneous Appeal against the order dated 27.12.2016 on the file of the Family Judge, Vellore. Prayer in C.M.A.SR.No.161525 of 2019: Civil Miscellaneous Appeal filed under Section 19 of Family Court Act 1984, to call for the records of the Tribunal and set aside the decreetal order and judgment passed on 27.12.2016 in F.C.O.P.No.128 of 2014 on the file of the Family Judge, Family Court Vellore, Vellore District.

Page No:1/4

For Appellant : Mr.Parigopal For Respondent : Mr.I.Gowrishankar

ORDER

(Delivered by D.Bharatha Chakravarthy, J.) This petition has been filed to condone the delay of 985 days in filing the C.M.A.SR.No.161525 of 2019 against the order dated 27.12.2016 on the file of the Family Court, Vellore, in which, the original petition filed by the petitioner/appellant for annulment of marriage was dismissed by the Trial Court.

2. On perusal of the affidavit filed in support of this petition, we are not satisfied with the reasons stated in the application to condone huge delay of 985 days. This apart, it can be seen that the impugned order of the Trial Court is only rejecting the prayer for annulment of marriage. We have also taken note of the contents of the annulment petition and we do not further proceed to make any comments because we are only on the condonation of delay petition.

Page No:2/4

3. Accordingly, we do not find any reason to condone the delay of 985 days and this Civil Miscellaneous Petition is dismissed. Consequently, Civil Miscellaneous Appeal is dismissed in the SR stage itself. No costs. (J.N.B,J.) (D.B.C,J.) msv 02.06.2023 To The Family Judge, Family Court Vellore, Vellore District.

Page No:3/4

J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

msv and C.M.A.SR.No.161525 of 2019 02.06.2023 Page No:4/4