Madras High CourtCRP/1588/2023dismissed

J.Antony Jerald Joseph v. M.Kavitha Mary

2023-05-05Honourable Mr Justice C. Saravanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.R.P (PD) Nos.1588 to 1590 of 2023 J.Antony Jerald Joseph .. Petitioner in all CRP.PDs vs.

M.Kavitha Mary .. Respondent in all CRP.PDs.

Prayer in CRP.(PD)No.1588 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order dated 20.03.2023 in I.A.No.7 of 2023 in FCIDOP.No.16 of 2019 on the file of Family Court, Chengalpattu District. Prayer in CRP.(PD)No.1589 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal order dated 20.03.2023 in I.A.No.7 of 2023 in FCIDOP.No.16 of 2019 on the file of Family Court, Chengalpattu District. Prayer in CRP.(PD)No.1590 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order and decretal 1/ 4

order dated 20.03.2023 in I.A.No.8 of 2023 in FCIDOP.No.16 of 2019 on the file of Family Court, Chengalpattu District. In all CRP.PDs.

For Petitioner : Mr.A.Leranc Paul Asirvadam For Respondent : Mr.K.Thenrajan C O M M O N O R D E R These civil revision petitions have been filed by the petitioner. The respondent herein has filed a petition in FCIDOP No.16 of 2019 on the file of the Family Court, Chengalpattu, to dissolve the marriage solemnized between the petitioner and the respondent.

2. In the aforesaid proceedings, the petitioner had filed I.A.Nos.6, 7 and 8 of 2023 for re-opening, recalling and cross-examination of PW1. The application filed by the petitioner was allowed by the learned Judge vide the impugned order FCIA No.07 of 2023 in F.C.I.D.O.P.No.16 of 2019 subject to the payment of cost of Rs.1,500/- on or before 24.03.2023 by the petitioner to the respondent. The petitioner has failed to pay the amount, 2/ 4

Instead of paying the amount and filing the application under Section 148 of CPC for enlargement of time, the petitioner has come forward with these petitions.

3. There is no merits in these Civil Revision Petitions. The petitioner is required to file an appropriate application under Section 148 of CPC. Therefore, Civil Revision Petitions are liable to be dismissed as not maintainable and they are dismissed. However, liberty is given to the petitioner to file an appropriate application under Section 148 of CPC for enlargement of time. No costs.

05.05.2023 Index : Yes/No Internet : Yes/No Speaking : Non Speaking Order kkd/kal To The Family Court, Chengalpattu District.

3/ 4

C.SARAVANAN.J kkd/kal C.R.P (PD) Nos.1588 to 1590 of 2023 05.05.2023 4/ 4