Swetha Janakiraman v. Vivek Veeriah Jaya Veeralah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Swetha Janakiraman D/o. Janakiraman No. 17A, Vallalar Street, Anandhapuram East Tambaram Tambaram, Tambaram East Kancheepuram 59 Petitioner(s) Vs

1. Vivek Veeriah Jaya Veeralah S/o. C. Jayaveeraiah No. 23-1, KK Pudur, Saibaba Colony Balasubramaniam Street Coimbatore North (urban) Coimbatore North Coimbatore 641 038 Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the learned Subordinate Judge at Tambaram to receive and number the IA Sr.No. 781 of 2026 in HMOP No. 358 of 2025 dt. 04.03.2026 seeking AntiSuit Injunction. For Petitioner(s):

Mr.M.Karpagam For Respondent(s):

ORDER

The revision petitioner has filed this revision praying to direct the learned Subordinate Judge, Tambaram to receive and number the IA Sr.No. 781 of 2026 in HMOP No. 358 of 2025 dated 04.03.2026 seeking Anti-Suit Injunction.

2. Before the trial court, the revision petitioner, who is the respondent in HMOP No. 358 of 2025, is facing a petition filed by her husband seeking annulment of the marriage solemnized on 16.09.2024.

3. During the pendency of the proceedings, the husband filed a unilateral divorce application before another court, falsely declaring that no other proceedings were pending, suppressing the fact that HMOP No. 358 of 2025 was already pending before the Subordinate Court, Tambaram.

4. The revision petitioner filed an application under Section 151 of CPC, 1908, seeking an Anti Suit injunction restraining the respondent from prosecuting or continuing the divorce proceedings bearing case Ref.No.17590420-2369-1176 before the Court of England and Wales. However, the trial court refused to take the application on file, raising doubts regarding its maintainability.

5. To substantiate her claim, the petitioner relied on the ratio laid down in CRP(PD) No. 4521 of 2024, in the case of Hon'ble Supreme Court in Modi Entertainment Network V. W.S.G.Cricket Pvt. India Ltd., (2003) 4 SCC 341. Despite this, the trial court refused to number the application.

6. On a perusal of the said CRP order, this Court finds that the petitioner is entitled to file such an application. Therefore, this Court directs the trial court to number the application and dispose of the same as early as possible, preferably within eight weeks from the date of receipt of a copy of this order, after issuing notice to the other side.

7. The Registry is directed to return the original petition.

8. Accordingly, this Civil Revision Petition is allowed. No costs. 10-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.Vivek Veeriah Jaya Veeralah S/o. C. Jayaveeraiah No. 23-1, KK Pudur, Saibaba Colony Balasubramaniam Street Coimbatore North (urban) Coimbatore North Coimbatore 641 038 2.The Subordinate Judge, Tambaram.

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

T.V.THAMILSELVI J.

rri 10-04-2026