K.Dinesh Kumar v. A.N.Savitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.09.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN CRP No.2979 of 2024 & CMP.No.15953 of 2024 K.Dinesh Kumar : Petitioner versus A.N.Savitha : Respondent Prayer: Petition filed under Article 227 of the Constitution of India to revise the fair and decreetal orders in I.A.No.2/2023 in OP.No.1049 of 2019 dated 06.07.2024 on the file of the Principal Family Court, Chennai. For Petitioner : Mr.S.Kamadevan For Respondent : Mr.Ilamaran

ORDER

This civil revision petition seeks to revise the order passed by the learned Principal Judge, Family Court, Chennai in I.A.No.2 of 2023 in

O.P.No.1049 of 2019 dated 06.07.2024.

2. When the matter came up for admission, Mr.S.Kamadevan and Mr.Ilamaran represented that the civil revision petitioner and the respondent have decided to part ways and proposed to file an application under Section 13B of the Hindu Marriage Act, 1955.

3. Taking into consideration the request made by both the counsels, I adjourned the matter to today.

4. When the matter was taken up, both the counsels in unison, on instruction from the parties who are present in the Court, would submit that the parties have filed a petition under Section 13B of the Act. The said petition is numbered as HMOP.No.3948 of 2024. Therefore nothing remains to be adjudicated in the present civil revision petition except for recording the fact that the application under Section 13B would be processed as per the statements made by the counsels and the parties today.

5. At this stage, Mr.S.Kamadevan as well as Mr.Ilamaran would state

that on account of the pendency of the civil revision petition, they had not moved an application for dispensing with the mandatory period of separation. The parties would make a statement to the Court that they had been separated from 2018. If an application is filed to dispense with the cooling-off period, the learned Family Judge is requested to consider the same positively.

6. With the above observation, this civil revision petition is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is closed.

18.09.2024 nl Index : Yes/No Speaking Order/Non-speaking order : Yes/No To The Principal Family Court, Chennai

V.LAKSHMINARAYANAN, J.

nl 18.09.2024