S.Aravindkumar v. M.Hemalatha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 2539 of 2026 & CRP No.2540 of 2026 AND CMP NO. 10709 OF 2026 & CMP No.10711 of 2026
1. S.Aravindkumar S/o. Late K.Sekar, 104, Periya Street, Seeyamangalam Village, Desur Post, Vandavasi Taluk, Tiruvannamalai Dt 604 501.
2. S.Saraswathi W/o. Late K.Sekar, 104, Periya Street, Seeyamangalam Village, Desur Post, Vandavasi Taluk, Tiruvannamalai Dt 604 501.
3. S.Deepa W/o. Vijayasarathy, No.696, Ext-III, Arch Antony Nagar, Kollumedu, Vellanur, Avadi 62.
..Petitioner(s) in both C.R.P.s Vs
1. M.Hemalatha W/o. S.Aravindkumar, No.4, Type III, Staff Quarters, MIT Annexe, Nehru Nagar, Chrompet, Chennai 44.
2. A.H.Lakshitha Minor D/o. S.Aravindkumar, Rep. by M.Hemalatha, No.4, Type III, Staff Quarters, MIT Annexe, Nehru Nagar, Chrompet, Chennai 44.
3. A.H.Kavinkarthikeyan Minor S/o. S.Aravindkumar, Rep. by M.Hemalatha, No.4, Type III, Staff Quarters, MIT Annexe, Nehru Nagar, Chrompet, Chennai 44.
4. A.H.Kaviyazhini Minor D/o. S.Aravindkumar, Rep. by M.Hemalatha, No.4, Type III, Staff Quarters, MIT Annexe, Nehru Nagar, Chrompet, Chennai 44.
..Respondent(s) in both C.R.P.s PRAYER IN CRP NO. 2539 OF 2026 Civil Revision Petition filed under Art.227 of Constitution of India, praying to set aside the order passed by the Judicial Magistrate No.II, Tambaram in returning/refusing to entertain the CMP.SR.No. 469/2026 filed by the Petitioners and direct the Judicial Magistrate No.II, Tambaram to take up the said Petition on file, number it and consider the Petitioners counter statement and documents on merits.
PRAYER IN CRP NO. 2540 OF 2026 Civil Revision Petition filed under Art.227 of Constitution of India, praying to set aside the exparte order passed by the Judicial Magistrate No.II, Tambaram in CMP.No. 2221 of 2025 in D.V.C.No.30 of 2024. In both CRPs For Petitioner(s):
Mr.A.Ganapatheeswaran COMMON ORDER (i) Challenging the impugned order passed in CMP SR No.469 of 2026 in CMP No. 2221 of 2025 in DVC No. 30 of 2024 by the learned Judicial Magistrate No.II, Tambaram, the Revision Petitioners/respondents have preferred the Civil Revision Petition in C.R.P.No. 2539 of 2026. (ii) Challenging the impugned order passed in CMP No. 2221 of 2025 in DVC No. 30 of 2024 by the learned Judicial Magistrate No.II, Tambaram, the Revision Petitioners/respondents have preferred the Civil Revision Petition in C.R.P.No. 2540 of 2026.
2. Since the relief is claimed challenging the order passed by the trial judge, notice to the respondents is dispensed with.
3. Before the trial court, the Revision Petitioners/respondents filed the application to set aside the exparte order passed by the trial court in Crl.M.P.No.2221 of 2025 in DVC No.30 of 2024, but the trial court as on date has not passed any order. Hence, he wanted to entertain the CMP SR.No.469 of 2026 and to dispose the same.
4.The learned counsel for revision petitioner would submit that the 1st revision petitioner is ready to comply the exparte order of maintenance and he is ready to cooperate for the proceedings.
5.On perusal of records, the fact reveals that as on date, as per the order passed in C.M.P.No.2221 of 2025, the 1st revision petitioner, who is father of three children paying maintenance of Rs.30,000/- to them and since there is difference of opinion between himself and his wife, the matrimonial dispute arose. As on date, both of them were employed and still he is paying maintenance. Therefore, the opportunity is to be given to him to file the application seeking to set aside the exparte order passed in the said petition. Hence, the trial court is directed to take the petition on file and dispose of the same within a period of six weeks from the date of receipt of copy of this order. Till then, the 1st revision petitioner is directed to pay the maintenance. Registry is directed to return the original certified petition to the revision petitioner. Accordingly, these Civil Revision Petitions are disposed of. No costs. Consequently, connected civil miscellaneous petitions are closed. 24-04-2026 Index: Yes/No Speaking/Non-speaking order RPP To The Judicial Magistrate No.II, Tambaram.
T.V.THAMILSELVI J.
RPP CRP No. 2539 of 2026 & CRP No.2540 of 2026 AND CMP NO. 10709 OF 2026 & CMP No.10711 of 2026 24-04-2026