R.Sridevi v. Yashwin Krishnakanth

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN R.Sridevi ... Petitioner / Petitioner / Respondent

Versus

Yashwin Krishnakanth ... Respondent / Respondent / Petitioner Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal Family Court, Chennai to take the I.A.SR.No.4760 of 2025 in O.P.No.323 of 2024 said petition on file and dispose of the same on merits within the time frame as stipulated by this Court and allow the above Civil Revision Petition. For Petitioner : Mr.K.V.Muthu Visakan

O R D E R

This petition is filed by the petitioner seeking to direct the Principal Family Court, Chennai to take the I.A.SR.No.4760 of 2025 in O.P.No.323 of 2024 the said petition on file and dispose of the same on merits within the time frame as stipulated by this Court.

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2. Heard the learned counsel for the petitioner.

3. It is seen from the records that the respondent / husband has filed an application in O.P.No.323 of 2024 on the file of the Principal Family Court, Chennai seeking for divorce and the same is pending for adjudication. The above said case is pending at the stage of enquiry. In the meantime, the revision petitioner / wife has filed an application in O.P.No.4483 of 2024 on the file of the Principal Family Court, Chennai seeking for restitution of conjugal rights and the same is also pending. While so, the revision petitioner / wife has filed an application in I.A.SR.No.4760 of 2025 in O.P.No.323 of 2024 under Section 151 of CPC seeking for a direction i.e., directing the respondent / husband to take interim custody of the minor daughter, Y.S.

Samrudhi, for three days every week until she attains majority and the said application came to be filed before the Court below on 25.04.2025. The Court below has returned the application stating that how the petition is maintainable and return the petition granting time to re-present the same within two weeks, on 12.05.2025. However, the revision petitioner has not chosen to re-present the same before the Court below.

I.A.SR.No.4760 of 2025 in O.P.No.323 of 2024 and dispose of the same on merits within the time stipulated. The original unnumbered aforesaid petition is filed along with this revision petition. It is for the revision petitioner to represent the said unnumbered petition in a manner known to law. It is to be noted that custody matters directly involve the best interests and welfare of the minor child, which is paramount under law.

4. In view of the above, this Court directs the revision petitioner / wife to re-present the I.A.SR.No.4760 of 2025 in O.P.No.323 of 2024 within a period of two weeks from today. The learned Principal Family Court, Chennai shall number the application if otherwise in order and dispose of the same in a manner known to law as expeditiously as possible.

5. Registry is directed to return the original affidavit and petition in I.A.SR.No.4760 of 2025 in O.P.No.323 of 2024 filed along with the civil revision petition forthwith.

6. With the above direction, this Civil revision petition stands disposed 3/5

of. No costs.

12.09.2025 av Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No To The Principal Family Court, Chennai M. JOTHIRAMAN, J.

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