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Madras High CourtCRP/2374/2025disposed of

J. Vijayakumar v. Muthu Sujitha,

2025-06-20Honourable Mr Justice N. Sathish Kumar4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS Date : 20.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRP [NPD] No.2374 of 2025 Vijayakumar J . . . Petitioner

Versus

Muthu Sujitha . . . Respondent PRAYER : Petition filed under section 115 of Code of Civil Procedure to set aside the return order dated 21.03.2025 passed by the learned Sub Judge, Tambaram in filing number 133 of 2025 and direct him to take the petition on his file or further proceedings.

For petitioner : Mr.V.Pavel

O R D E R

Challenging the Order of the trial Court returning the application filed under section 12 of the Hindu Marriage Act to declare the marriage of Page 1 / 4

the petitioner and the respondent on 20.03.2024 as null and void.

2. The trial Court holding that there is no proof for residence of the respondent, returned the petition filed by the petitioner for divorce. Challenging the said return this revision petition has been filed.

3. Since the Original Petition filed by the petitioner itself has been returned and not numbered by the Sub Court, this Court is of the view that no notice is required to the respondent.

4. At the outset, this Court is of the view that insisting the proof of residence of the respondent, at this stage will not arise at all. It is for the respondent to take the issue of jurisdiction. Therefore, the return of the trial Court is set aside and the trial Court is directed to number the application and proceed the main Original Petition after proper service of notice to the respondent. It is made clear that the trial Court shall ensure that proper address is given and notice has been sent to correct address of the respondent, even to the address of the parents of the respondent and only thereafter, the Page 2 / 4

trial Court shall decide the jurisdiction issue.

5. With the above directions, this Civil Revision Petition is disposed of. No costs.

20.06.2025 Index : Yes / No Internet: Yes Speaking/non speaking order vrc To, The Sub Judge, Tambaram.

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N. SATHISH KUMAR, J.

vrc CRP NPD No.2374 of 2025 20.06.2025 Page 4 / 4