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Madras High CourtCRP/1421/2016dismissed

K.Krishnan v. Sumathy

2016-06-20Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition (PD) No.1421 of 2016 & C.M.P.No.7848 of 2016 K.Krishnan ... Petitioner vs Sumathy ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decreetal order of the learned Subordinate Judge, Poonamallee, passed in I.A.No.84 of 2014 in H.M.O.P.No.252 of 2012 on 26.02.2016.

For Petitioner :

Mr.S.D.S.Philip For Respondent :

Mr.A.Ramaswamy *****

O R D E R

This revision challenges the order passed by the learned Subordinate Judge, Poonamallee, passed in I.A.No.84 of 2014 in H.M.O.P.No.252 of 2012 on 26.02.2016.

2. Petitioner moved H.M.O.P.No.252 of 2012 seeking divorce. By way of I.A.No.84 of 2014 the petitioner sought to amend the petition. Court below having dismissed the same, the petitioner has now moved the present revision.

3. Heard the learned counsel for petitioner and the learned counsel for respondent.

4. We find that in dismissing the application, Court below has reasoned that the amendment sought to be made was an after thought and the allegations against the family members of the respondent were unnecessary. It found no merits in the contention of the petitioner of his not having made mention of the particulars now sought to be included in the original petition. It rejected the contention of petitioner not having included particulars in the original petition towards avoiding harm to the future of his children on the reasoning that it was petitioners case that the children were aware of the family disputes.

5. Finding no reason to interfere with the order of Court below, this Civil Revision Petition shall stand dismissed. It would be open to the petitioner to file a reply to the counter filed by the respondent at the Court below. Considering the submissions of the learned counsel for respondent that the

matter has been unduly protracted, this Court would direct the Court below to dispose of the same as expeditiously as possible preferably within a period of six months.

20.06.2016.

Internet:yes To The Subordinate Judge, Poonamallee

C.T.SELVAM, J kpr Civil Revision Petition (PD) No.1421 of 2016 20.06.2016