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Madras High CourtCRP/4743/2024dismissed

G. Rajarajan v. K. Vasudevan

2025-03-20Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.03.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.4743 of 2024 and CMP.No.26517 of 2024 G.Rajarajan

...Petitioner

Vs.

1.K.Vasudevan 2.R.Nithia

...Respondents

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the order dated 18.10.2024 passed in IA Un Numbered of 2024 in HMOP.No.549 of 2023 on the file of the Hon'ble Subordinate Judge, Alandur and set aside the same and allow the said IA as prayed for.

For Petitioner : M/s.M.E.Elango 1/5

ORDER

The above Civil Revision Petition is filed to call for the records pertaining to the order dated 18.10.2024 passed in Un Numbered IA of 2024 in HMOP.No.549 of 2023 on the file of the Hon'ble Subordinate Judge, Alandur and set aside the same and allow the said IA as prayed for

2. In a petition for divorce in HMOP.No.549 of 2023, on the file of the Hon'ble Subordinate Judge, Alandur, the father of the 2nd respondent herein/wife had taken out an application to implead himself as the 2nd respondent in the main HMOP on the ground that he is the person who had conducted Betrothal and marriage of the couples on 30.01.2020 and therefore has full knowledge about the facts of the case.

3. The learned Subordinate Judge, Alandur had returned the application by stating that as to how the petition is maintainable. Without representing the same, the petitioner has rushed to the Court.

4. Heard the learned counsel for the petitioner and perused the 2/5

records.

5. This Court is considering the impugned petition on its merits. HMOP in question is a petition filed for dissolution of marriage between the husband, the 1st respondent herein and the wife, the 2nd respondent herein which has been solemnized on 20.08.2010. The parties have lived together as husband and wife for few months and the husband has come forward to file the petition for dissolution of marriage on the ground of desertion and cruelty. It is into this dispute between the husband and wife that the fatherin-law namely, the father of the wife seeks to implead himself in the main petition. The reason for seeking to implead himself is that he is the person who had conducted Betrothal and marriage of the couple on 30.01.2020 and therefore has full knowledge about the facts of the case.

All of this can be stated by the petitioner by appearing as a witness during Trial on the side of the wife, the 2nd respondent herein. The application filed by the petitioner is absolutely frivolous and a vexatious one.

HMOP.No.549 of 2023 stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

20.03.2025 shr Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To The Subordinate Judge, Alandur 4/5

P.T.ASHA, J., shr C.R.P.No.4743 of 2024 and CMP.No.26517 of 2024 20.03.2025 5/5