Pappakutty v. Manohara Kandaperumal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2020

CORAM

THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN C.R.P. (PD) 4142 of 2019 Mrs.M.Pappa Kutty ... Petitioner

Versus

Mr. P.Manohara Kandaperumal ... Respondent PRAYER :Civil Revision Petition is filed under Article 227 of Constitution of India, praying to direct the Sub-Judge, Ponneri, to take on file the divorce petition in H.M.O.P. SR 9207 of 2019 on the file of Hon'ble Sub-Judge, Ponneri.

For Petitioner : Mr.Syed Kaleeshaa

O R D E R

This Civil Revision Petition has been filed seeking a direction to take on file the divorce petition in H.M.O.P. SR 9207 of 2019 on the file of Sub-Judge, Ponneri.

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2. Today, when the matter was taken up for hearing, Mr.Syed Kaleeshaa, learned counsel appearing for petitioner submitted that, a divorce petition has been filed under Section 13(1)(ia) of Hindu Marriage Act seeking for dissolution of marriage. The learned Trial Court has raised maintainability, and returned the petition for production of document showing proof of marriage. Hence, the present Civil Revision Petition has been filed seeking a direction directing the Sub-Judge, Ponneri to take on file the divorce petition.

3. Considering the fact that, since the petitioner has not produced any proof of marriage, the learned Trial Court has returned the petition for production of proof of marriage. Against which, the petitioner cannot maintain a Revision under Art. 227 of Constitution of India. Therefore, this Civil Revision Petition stands dismissed. However, a liberty is granted to the petitioner to represent the papers with necessary document, showing proof of marriage. No costs.

03.01.2020 rpp To Sub-Court, Ponneri.

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V.BHARATHIDASAN,J.

rpp C.R.P.PD 4142 of 2019 03.01.2020 3/3