Ashish Jain v. Nikita Jain
T.V.THAMILSELVI, J.
This matter is taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the revision petitioners.
2. The learned counsel for Revision Petitioners would submit that this Court by an order dated 09.10.2023 disposed of the above C.R.P.s. However, the learned counsel would submit that in the orders, while granting time to pay arrears of maintenance, it was mentioned as six weeks instead of four weeks. Accordingly, the matters are listed today.
3. Heard the contentions of learned counsel for revision petitioners and perused the order.
4. Considering his submissions, para 5 of the orders in both C.R.P.s shall be substituted as follows :- 1/14
C.R.P.No. 3600 of 2023 "5. On perusal of the records, it reveals that the both the husband and wife are entitle to submit their evidence since this is a matrimonial issue husband not cooperated for the case though the evidence was started. Now, the petitioner had complied with the first condition of the Court on the next day of the order and filed affidavit before the Trial Court which itself shows that he is inclined to proceed with the trial, if opportunity is not given to the petitioner his valuable right to defend the case will be defeated. Hence, the order passed by the Trial Court in CRL. MP No. 1875 of 2023 in DVC No. 27 of 2021 is set aside. Further, the Trial Court is directed to dispose the case as early as possible preferably within a period of three months. With regard to arrears of maintenance the revision petitioner is directed to pay arrears of maintenance to the respondent within a period of four weeks. With regard to third condition issued by the Court the parents need not be complied with at present."
C.R.P.No. 3603 of 2023 "5. On perusal of the records, it reveals that the both the husband and wife are entitle to submit their evidence since this is a matrimonial issue husband not cooperated for the case though the evidence was started. Now, the petitioner 2/14
had complied with the first condition of the Court on the next day of the order and filed affidavit before the Trial Court which itself shows that he is inclined to proceed with the trial, if opportunity is not given to the petitioner his valuable right to defend the case will be defeated. Hence, the order passed by the Trial Court in CRL. MP No. 5367 of 2023 in DVC No. 27 of 2021 is set aside. Further, the Trial Court is directed to dispose the case as early as possible preferably within a period of three months. With regard to arrears of maintenance the revision petitioner is directed to pay arrears of maintenance to the respondent within a period of four weeks. With regard to third condition issued by the Court the parents need not be complied with at present."
5. Registry is directed to incorporate above correction in the Orders of this Court in both C.R.P.Nos. 3600 & 3603 of 2023 dated 09.10.2023 and issue fresh order copies to the Revision Petitioners. 07.11.2023 rpp 3/14
T.V.THAMILSELVI, J.
rpp C.R.P. Nos.3600 & 3603 of 2023 07.11.2023 4/14
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10. 2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3600 of 2023 & CMP No. 22535 of 2023 1.Ashish Jain 2.Usha Jain 3.Parasmal Jain
...Petitioners
Vs.
Nikita Jain ....Respondent PRAYER : This Civil Revision Petition is filed under Artcile 227 of Constitution of India, to set aside the order dated 17.05.2023 of the VIII Metropolitan Magistrate, George Town, Chennai made in CRL. MP. No. 1875 of 2023 in DVC No. 27 of 2021 by allowing the above Civil Revision Petition.
For Petitioners : Mr.Sandeep Shah For Respondent : Mr.S.Kumaresan 5/14
ORDER
This petition has been filed to set aside the order dated 17.05.2023 passed by the VIII Metropolitan Magistrate, George Town, Chennai in CRL. MP. No. 1875 of 2023 in DVC No. 27 of 2021.
2. Heard both sides.
3. The respondent herein filed DVC proceedings against her husband before the Trial Court and the Trial was begun but the husband was not cooperate for the proceedings. Before DVC the husband filed a petition to set aside the exparte order wherein the petitioner set exparte in that application the Trial Court allowed the application with three conditions one is to pay a cost of Rs.4,000/- and to cross examination of P.W.1 on 20.04.2023 subject to her appearance on such day and to file affidavit of asset and liabilities of second and third respondent on the same day. In respect of payment of cost husband complied with the same and in respect of second condition the petitioner appeared on that day due to absence of magistrate and incharge magistrate adjourned the matter on 21.04.2023, on that day P.w.1/respondent was not present. 6/14
Thereafter, the matter was posted for orders. Immediately they filed the petition in Crl.M.P. No. 1875 of 2023 to set aside the exparte order but the said application was dismissed by the Trial Court stating that revision alone is maintainable. Challenging the said order husband preferred this petition.
4. By way of reply, the learned counsel for the respondent submitted that the petitioner has not cross examine P.W.1 for more than nine moths and also sufficient opportunity was given to him and also he was not complied the order of the Court in order to drag on the proceedings. The Trial Judge rightly closed the evidence which needs no interference.
5. On perusal of the records, it reveals that the both the husband and wife are entitle to submit their evidence since this is a matrimonial issue husband not cooperated for the case though the evidence was started. Now, the petitioner had complied with the first condition of the Court on the next day of the order and filed affidavit before the Trial Court which itself shows that he is inclined to proceed with the trial, if opportunity is not given to the petitioner his valuable right to defend the case will be defeated. Hence, the order passed by the 7/14
Trial Court in CRL. MP No. 1875 of 2023 in DVC No. 27 of 2021 is set aside. Further, the Trial Court is directed to dispose the case as early as possible preferably within a period of three months. With regard to arrears of maintenance the revision petitioner is directed to pay arrears of maintenance to the respondent within a period of four weeks. With regard to third condition issued by the Court the parents need not be complied with at present.
6. In result, this Civil Revision Petition is disposed of. No Costs. Consequentially, the connected miscellaneous petition is closed. 09.10.2023 pbl To The VIII Metropolitan Magistrate, George Town, Chennai. 8/14
T.V.THAMILSELVI,J.
Pbl CRP No. 3600 of 2023 & CMP No. 22535 of 2023 09.10.2023 9/14
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.10. 2023
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP No. 3603 of 2023 & CMP No. 22542 of 2023 1.Ashish Jain 2.Usha Jain 3.Parasmal Jain
...Petitioners
Vs.
Nikita Jain ....Respondent PRAYER : This Civil Revision Petition is filed under Artcile 227 of Constitution of India, to set aside the order dated 23.08.2023 of the VIII Metropolitan Magistrate, George Town, Chennai made in CRL. MP. No. 5367 of 2023 in DVC No. 27 of 2021 by allowing the above Civil Revision Petition.
For Petitioners : Mr.Sandeep Shah For Respondent : Mr.S.Kumaresan 10/14
ORDER
This petition has been filed to set aside the order dated 23.08.2023 passed by the VIII Metropolitan Magistrate, George Town, Chennai in CRL. MP. No. 5367 of 2023 in DVC No. 27 of 2021.
2. Heard both sides.
3. The respondent herein filed DVC proceedings against her husband before the Trial Court and the Trial was begun but the husband was not cooperate for the proceedings. Before DVC the husband filed a petition to set aside the exparte order wherein the petitioner set exparte in that application the Trial Court allowed the application with three conditions one is to pay a cost of Rs.4,000/- and to cross examination of P.W.1 on 20.04.2023 subject to her appearance on such day and to file affidavit of asset and liabilities of second and third respondent on the same day. In respect of payment of cost husband complied with the same and in respect of second condition the petitioner appeared on that day due to absence of magistrate and incharge magistrate adjourned the matter on 21.04.2023, on that day P.w.1/respondent was not present. Thereafter, the matter was posted for orders. Immediately they filed the 11/14
petition in Crl.M.P. No. 5367 of 2023 to set aside the exparte order but the said application was dismissed by the Trial Court stating that revision alone is maintainable. Challenging the said order husband preferred this petition.
4. By way of reply, the learned counsel for the respondent submitted that the petitioner has not cross examine P.W.1 for more than nine moths and also sufficient opportunity was given to him and also he was not complied the order of the Court in order to drag on the proceedings. The Trial Judge rightly closed the evidence which needs no interference.
5. On perusal of the records, it reveals that the both the husband and wife are entitle to submit their evidence since this is a matrimonial issue husband not cooperated for the case though the evidence was started. Now, the petitioner had complied with the first condition of the Court on the next day of the order and filed affidavit before the Trial Court which itself shows that he is inclined to proceed with the trial, if opportunity is not given to the petitioner his valuable right to defend the case will be defeated. Hence, the order passed by the Trial Court in CRL. MP No. 5367 of 2023 in DVC No. 27 of 2021 is set 12/14
aside. Further, the Trial Court is directed to dispose the case as early as possible preferably within a period of three months. With regard to arrears of maintenance the revision petitioner is directed to pay arrears of maintenance to the respondent within a period of six weeks. With regard to third condition issued by the Court the parents need not be complied with at present.
6. In result, this Civil Revision Petition is disposed of. No Costs. Consequentially, the connected miscellaneous petition is closed. 09.10.2023 pbl To The VIII Metropolitan Magistrate, George Town, Chennai. 13/14
T.V.THAMILSELVI,J.
Pbl CRP No. 3603 of 2023 & CMP No. 22542 of 2023 09.10.2023 14/14