Madras High CourtCRP/2634/2011dismissed as infructuous

Mrs.Thamizharasi, v. Mr.K.Ashokan,

2019-11-14Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.11.2019 Coram:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN and M.P.No.1 of 2011 Thamizharasi ..

Petitioner / Wife versus K.Ashokan ..

Respondent / Husband PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 15.06.2011 made in I.A.No.1788 of 2011 in O.P.No.480 of 2008 on the file of the learned II Additional Judge, Family Court, Chennai.

For Petitioner : Mrs.P.V.Jayakumari for Mr.P.C.Harikumar & Associates For Respondent : Not ready in notice

O R D E R

This Civil Revision Petition has been filed against the order dated 15.06.2011 made in I.A.No.1788 of 2011 in O.P.No.480 of 2008 on the file of the learned II Additional Judge, Family Court, Chennai. 1/4

2. Heard the learned counsel appearing for the petitioner.

3. Documents perused. It appears that the petitioner in O.P.No.480 of 2008 on the file of the learned II Additional Judge, Family Court, Chennai, is the petitioner/wife herein.

4. Before the trial Court, the petitioner has filed an application under Section 11 of the Hindu Marriage Act and seeks the relief to grant decree of nullity by declaring the marriage solemnized between the petitioner and the respondent on 14.02.1993 as null and void.

5. When the said application is pending for enquiry, the respondent herein has filed an application before the said Court under Section 151 CPC in I.A.No.1788 of 2011 in I.A.No.2669 of 2010 in O.P.No.480 of 2008, seeking a direction, directing the petitioner to leave the custody of the children, namely, A.Illakiya and A.Athiyan with him.

6. At the time when the application was filed by the respondent, the minor children are aged about 17 and 16 years respectively. Further, the said application has been filed in the year of 2011. Therefore, as of now, both the minor children are attained the majority, due to which, the application filed by the respondent before the learned II Additional Judge, Family Court, 2/4

Chennai, becomes infructuous.

7. Hence, in view of the above, this Civil Revision Petition is dismissed as infructuous. Consequently, connected Miscellaneous Petition is closed. No costs.

14.11.2019 Speaking Order/Non Speaking Order Index : Yes / No Internet : Yes sri To The II Additional Judge, Family Court, Chennai. 3/4

R.PONGIAPPAN, J., sri and M.P.No.1 of 2011 14.11.2019 4/4