Karpagam Chandrasekar v. Akshaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM C.R.P. (PD) No. 4030 of 2022 and C.M.P. No. 20900 of 2022

1. Mrs.Karpagam Chandrasekar

2. K.Ravichandran ... Petitioners Vs.

1. Mrs.Akashaya

2. C.Vinodkumar ... Respondents PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the petition and docket order dated 13.09.2022 in I.A. No. 1 of 2022 in H.M.O.P. No. 1403 of 2022 for issuance of notice to the respondents 2 and 3 therein (petitioners herein) on the file of the I Additional Family Court, Chennai.

For Petitioners : Mr. S.Balaji ***** 1/4

O R D E R

This civil revision petition has been filed to set aside the petition and docket order dated 13.09.2022 in I.A. No. 1 of 2022 in H.M.O.P. No. 1403 of 2022 for issuance of notice to the second and third respondents therein (petitioners herein) on the file of the I Additional Family Court, Chennai. 2.

The grievances of the revision petitioners are that they are unnecessary parties to the said H.M.O.P. pending on the file of the I Additional Family Court, Chennai between the first respondent and the second respondent, who are wife and husband. The revision petitioners are the mother-in-law and her brother and they are no way connected with the matrimonial dispute between the first respondent and second respondent. While so, the trial court had issued notice to the revision petitioners and thus, they have chosen to file the present revision petition. 3.

The learned counsel appearing for the revision petitioners made a submission that as per the judgments of the High Court, the mother-in-law need not become a party to such proceedings and the trial court had issued notice without considering those precedents.

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4.

It is for the revision petitioners to place all the judgments before the trial court for consideration. The revision petition is to be filed only if a final decision is to be taken by the trial court without considering the legal principles settled in that regard or by not following the procedures as contemplated. Contrarily, mere issuance of notice to the parties would not cause infringement of the right of the parties and the parties are at liberty to contest the matter in the manner known to law.

5.

In the present case, the first revision petitioner is the mother-in-law and therefore, she has to contest the matter by placing all the facts and grounds, which she has chosen to submit. In view of the facts and circumstances, the revision petitioners are at liberty to raise all the grounds raised in this revision petition before the trial court, which is to be considered on merits and in accordance with law.

6.

Accordingly, the civil revision petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 05.12.2022 Index : Yes Speaking order Maya 3/4

S.M.SUBRAMANIAM., J Maya To The Judge I Additional Family Court Chennai.

Dated : 05.12.2022 4/4