G.Alan Navin v. S.Shiny Hebzibha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-03-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. G.Alan Navin S/O. Gunalan, No.2, Kandasamy Street, Rathinapuri, Coimbatore.

Petitioner(s) Vs

1. S.Shiny Hebzibha D/O. Stalin, Flat No.T4, 104/2A1B and 204/2A2, Sivapootham Village, Sivapootham, Madhravouil, Chennai - 600095.

Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to direct the VI Additional Family Court, Chennai to number the IA.SR.No.6241 of 2025 in OP.No.4833 of 2024 dated 01.11.2025 and thus render justice. For Petitioner(s):

K.Balasubramaniam For Respondent:

ORDER

The petitioner has filed this Civil Revision Petition, praying to direct the VI Additional Family Court, Chennai to number the IA.SR.No.6241 of 2025 in OP.No.4833 of 2024 dated 01.11.2025.

2. The learned counsel for the revision petitioner has preferred this revision seeking a direction to the trial Court to number the amendment application filed by him before the trial Court.

3. On perusal of the endorsement made by the learned trial Judge, it is seen that the learned Judge questioned the maintainability of the application on the ground that the entire facts of the case would be altered if the amendment application is taken on file. Aggrieved by the same, the present revision has been filed.

4. On examining the amendment sought by the petitioner, it is seen that the proposed amendment runs to about 34 pages. Though the observation made by the learned trial Judge appears to be acceptable, since the proposed amendment contains several averments extending to 34 pages and appears to introduce new circumstances, the matter requires proper consideration.

5. It is also seen that counter objections have already been filed before the trial Court. However, if proper opportunity is not given to the parties before the fact-finding Court, the valuable right of the parties to defend the case would be defeated, particularly in such cases.

6. Therefore, this Court is inclined to grant liberty to the petitioner to file a fresh divorce application, incorporating all the necessary averments, within two weeks from the date of receipt of a copy of this order.

7. On such filing of the application, the trial Court is directed to take the same on file and issue notice to the respondent. Liberty is also granted to the respondent to file a fresh counter statement with regard to the new application. Thereafter, the trial Court shall proceed with the matter in accordance with law. The Registry is directed to return all the papers.

8. In view of the above, this Civil Revision Petition is disposed of. No costs.

09-03-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.S.Shiny Hebzibha D/O. Stalin, Flat No.T4, 104/2A1B and 204/2A2, Sivapootham Village, Sivapootham, Madhravouil, Chennai - 600095.

2.The VI Additional Family Court, Chennai.

3. The Section Officer, VR section, High Court of Madras.

T.V.THAMILSELVI J.

rri 09-03-2026