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Madras High CourtCRP/588/2025disposed of

Bhuvaneswari v. Rs. Mahesh Mukirthan

2025-03-05Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Bhuvaneswari Petitioner Vs RS. Mahesh Mukirthan Respondent PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the return order dated 20.12.2024 made in HMOP SR No.5520 of 2024 on the file of the Sub Court, Tambaram and direct the trial court to number the HMOP SR No.5520 of 2024 by allowing this CRP. For Petitioner :

Mr.S.Sai Shankar

ORDER

This Civil Revision Petition has been filed against the return order dated 20.12.2024 made in HMOP SR No.5520 of 2024 on the file of the Sub Court, Tambaram.

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2. The brief fact of the case is that the petitioner, who is a resident at No.316, 1 st floor, Meenakshi Ammal, 3 rd Cross Street, Chitrapuram, Vengadamangalam, Chennai - 600 127, has filed a divorce petition under Section 13(1)(i)(a) of Hindu Marriage Act, 1955, in HMOP SR No.5520 of 2024 against her husband/respondent before the Sub Court, Tambaram, whereas, the said petition was returned on 20.12.2024 with an endorsement "Petition to be filed before proper jurisdictional Court. Time one month". Challenging the said return order, the present Civil Revision Petition has been filed.

3. Learned counsel appearing for the petitioner submitted that the petition filed by the petitioner under Section 13(1)(i)(a) of Hindu Marriage Act, 1955, on 05.11.2024 was returned on 15.11.2024 with certain queries and it was represented on 18.11.2024. He further submitted that the petition was once again returned on 05.12.2024 stating that there is no jurisdiction for that court as per Gas Bill produced by the petitioner. Thereby, on 19.12.2024, the petitioner represented the same stating that the petitioner and the respondent were residing at Vengadamangalam, Chennai - 600 127, which falls within the jurisdiction of 2/6

the Sub Court, Tambaram, whereas, the learned Judge, returned the petition on 20.12.2024 stating that the petition to be filed before proper jurisdictional court.

4. Considering the submission made by the learned counsel appearing for the petitioner, this Court, vide order dated 18.02.2025, has called for a Report from the learned Sub Judge, Tambaram, as to whether the Chitrapuram, Venkadamangalam in Chengalpattu District - 600 127, falls within the jurisdiction of Sub Court, Tambaram.

5. Pursuant to the order dated 18.02.2025, the Report (D.No.156 of 2025 dated 25.02.2025) from the Court concerned has been received today, wherein, it has been stated that the Venkadamangalam Village falls within the Firka of Vandalur firka and Vandalur firka does not falls within the jurisdiction of the Sub Court, Tambaram.

6. Having perused the said Report dated 25.02.2025, this Court is of the view that the Sub Court, Tambaram had rightly returned the petition and 3/6

thereby, there is no need to interfere with the return order dated 20.12.2024. Accordingly, the Civil Revision Petition stands disposed of with a direction to the petitioner to prefer the petition before the appropriate jurisdictional Court in Chengalpattu. No costs.

7. Registry is directed to return the original papers to the counsel for the petitioner forthwith after substituting the same with a xerox copy. 05-03-2025 ham Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To

1. The Sub Court, Tambaram.

2. The Section Officer, VR Section, High Court of Madras.

3. The Section Officer, ER Section, High Court of Madras.

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A.D.JAGADISH CHANDIRA J.

ham 05-03-2025 6/6