Madras High CourtCRP/2312/2015dismissed as infructuous

S. Muthu Navaneetha Krishnan v. R. Srividya

2020-12-10Honourable Mr Justice P. Rajamanickam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.12.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRP(PD).No.2312 of 2015 S.Muthu Navaneetha Krishnan @ Balaji ... Petitioner Vs.

R.Srividya ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order and decreetal order dated 22.04.2015 passed in IA.No.507 of 2015 in IA.No.431 of 2015 in OP.No.3632 of 2012 on the file of the III Additional Family Judge, Chennai and allow this Civil Revision Petition. For Petitioner : No appearance For Respondent : No appearance

ORDER

Today (10.12.2020), when this matter came up for hearing, no representation from both sides.

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2. This Civil Revision Petition has been filed by the petitioner against the dismissal of his application in IA.No.507 of 2015 in IA.No.431 of 2015 in OP.No.3632 of 202 on the file of the III Additional Principal Judge, Family Court, Chennai dated 22.04.2015.

3. The petitioner herein had filed OP.No.3632 of 2012 on the file of the III Additional Principal Judge, Family Court, Chennai under Section 13 (i-a) and Section 13(iii) of the Hindu Marriage Act, 1955 to dissolve the marriage solemnized between him and the respondent on 24.05.2010. During enquiry in that petition, the petitioner herein had filed an application in IA.No.431 of 2015 to issue summons to certain persons to examine them as witnesses. In the said application, the respondent herein had filed a counter. Thereafter, the petitioner herein had filed another application in IA.No.507 of 2015 under Order 8 Rule 9 of CPC seeking permission of the court to receive reply statement to the counter filed by the respondent in IA.No.431 of 2015 in OP.No.3632 of 2012. The learned trial court by the order dated 22.04.2015 had dismissed the said application. Feeling aggrieved, the petitioner has filed the present Civil Revision Petition.

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4. When this matter came up for hearing on 23.11.2020, there was no representation from both sides. Hence, this Court has directed the Registry to call for a report from the trial court with regard to the status of the OP.No.3632 of 2012. Accordingly, the Registry has called for a report from the trial court. The trial court by the order dated 03.12.2020 has stated that OP.No.3632 of 2012 was tried along with OP.No.1125 of 2011 and both the ops were disposed of by a common order dated 16.11.2016.

5. Recording to the aforesaid facts, this Civil Revision Petition is dismissed as infructuous. No costs.

10.12.2020 Vv Index :Yes/No Internet : Yes/No To The III Additional Family Judge, Chennai 3/4

P.RAJAMANICKAM.J., Vv C.R.P(PD).No.2312 of 2015 10.12.2020 4/4