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Madras High CourtCRP/943/2023disposed of

A.Ramadoss v. Parimala

2023-04-17Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.4.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN and C.M.P.No.7001 of 2023 A.Ramadoss . . . Petitioner

Versus

Parimala . . . Respondent PRAYER : Civil Revision Petition filed under Article 227 of Constitution of India to strike off the divorce petition in O.P.No.143 of 2022 on the file of the Family Court, Ariyalur.

For Petitioner :

Mr.N.Naganathan

O R D E R

Heard Mr.N.Naganathan, learned counsel for the petitioner and perused the records.

2. This Civil Revision Petition is filed seeking to strike off O.P.No.143 of 2022 on the file of the Family Court, Ariyalur, which is filed by the Page No.1/4

respondent against the petitioner herein seeking divorce under Section 13(1) (i) (a) of the Hindu Marriage Act, 1955.

3.It is submitted by the learned counsel for the petitioner that after enquiry, when the matter was posted for final hearing, the respondent, who is the petitioner in O.P.No.143 of 2022, has filed Interlocutory Application seeking number of amendments, which will affect the root of the case, thereby, sought for striking off the entire O.P.No.143 of 2022.

4. The petitioner has not filed the counter in I.A.No. (unnumbered) of 2023 and has approached this Court and filed this petition. If amendment petition filed by the respondent is numbered and is disposed off and if the petitioner is aggrieved by such order he can file appropriate petition. However, the petitioner came with this petition prematurely, challenging the un-numbered petition under Order VI Rule 17 CPC.

5. Considering the circumstances, this Civil Revision Petition is disposed of at this stage only by giving liberty to the petitioner to approach this Court, in case he is aggrieved by the orders passed in un-numbered I.A. of Page No.2/4

2023, by which respondent sought for amendment of O.P.No.143 of 2022. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

17.4.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To The Presiding Officer, Family Court, Ariyalur.

Page No.3/4

DR.D.NAGARJUN , J., ms and C.M.P.No.7001 of 2023 17.4.2023 Page No.4/4