Mr. Anbalaghan, v. Mrs. Kanchana Devi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN CRP (PD) NO.1939 OF 2016 AND CMP NO.10103 OF 2016 Anbalaghan ...
Petitioner
Versus
Kanchana Devi ...
Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 02.04.2016 passed by the learned Judge, Family Court at Salem, in I.A.No.205 of 2014 in FCOP No.174 of 2013.
For Petitioner :
Mr.T.Velumani For Respondent :
Mr.R.Marudhachalamurthy
O R D E R
The petitioner initiated proceedings in O.P.No.174 of 2013, before the Family Court, Salem, praying for a decree of divorce. In the
said proceedings, the respondent was set exparte. The Trial Court passed an exparte decree. The respondent filed an application to condone the delay of 274 days in filing the petition to set aside the exparte decree. The Trial Court condoned the delay and allowed the application. The said order is under challenge in this Civil Revision Petition.
2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.
3. The respondent in her affidavit filed in support of the application in I.A.No.205 of 2014 contended that the petitioner herein took summons in a different address and it was not actually served on her.
4. Before the Trial Court, the petitioner could not produce any contra materials to show that the respondent actually resided in the address, where the summons was attempted to be served. The learned Trial Judge passed a discretionary order condoning the delay by giving cogent reasons. I do not find any error or illegality in the said order warranting exercise of supervisory jurisdiction under Article 227 of the
Constitution of India.
5. In the upshot, I dismiss the Civil Revision Petition. No costs. Consequently, connected civil miscellaneous petition is closed. 10.11.2016 TK To The Family Court Salem.
K.K.SASIDHARAN, J.
TK CRP (PD) NO.1939 OF 2016 10.11.2016 http://www.judis.nic.in