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Madras High CourtCRP/3264/2017dismissed

Saravanakumar Govindan v. Shanmugapriya

2021-02-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and CMP.No.15227 of 2017 Saravanakumar Govindan .. Petitioner Vs.

Shanmugapriya .. Respondent PRAYER : The Civil Revision Petition filed under Article 227 of the Constitution of India praying to set aside the fair and decreetal order in I.A.No.38/2017 in H.M.O.P.No.78/2015 dated 18.07.2017 on the file of the Sub Judge, Rasipuram, thereby allow the revision. For Petitioner :

Mr.N.Suresh For Respondent :

Mr.R.Anbukarasu for Mr.S.Senthil

ORDER

This Civil Revision Petition is filed against the fair and decreetal order in I.A.No.38/2017 in H.M.O.P.No.78/2015 dated 18.07.2017, thereby, dismissing the petition filed by the petitioner to reopen the petitioner's side evidence.

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2. The petitioner is the husband and the respondent is the wife. The petitioner filed a petition for divorce on the ground of cruelty. The petitioner has also stated the ground that the respondent is a mentally ill person and she has not cooperated for their marriage life. The petitioner has examined PW1 and PW2 and when the matter was posted for respondent's side evidence, again the petitioner filed the petition for reopening the case for further evidence and the same was allowed and again the petitioner has examined two other witnesses. Thereafter, the respondent's side witnesses were examined and the matter was adjourned. At the time when the matter was posted for further arguments, the petitioner went forward with the present petition to reopen the case for further evidence.

3. The present petition has been filed only to delay the proceedings and nothing else. Therefore, the Trial Court has rightly dismissed the petition and this Court finds no infirmity or illegality in the order passed by the Court below. The Trial Court is directed to dispose of the H.M.O.P.No.78 of 2015, within a period of four weeks from the date of receipt of a copy of this order.

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4. With the above direction, this Civil Revision Petition stands dismissed. No order as to costs. Connected civil miscellaneous petition is closed.

17.02.2021 Index : Yes/No Internet : Yes/No sni To The Sub Judge, Rasipuram.

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G.K.ILANTHIRAIYAN,J.

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