Madras High CourtCRP/4833/2023allowed

Vasumathi v. Amaithi

2023-12-21Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2023

CORAM:

THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI and C.M.P.No. 28645 of 2023 Vasumathi .. Petitioner Vs Amaithi .. Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order in I.A.No.14 of 2023 in H.M.O.P.No.37 of 2020 dated 31.10.2023 on the file of the Additional Sub Judge I, Villupuram.

For Petitioner : Mr. N. Suresh

O R D E R

This Civil Revision Petition is filed challenging the order passed in I.A.No.14 of 2023 in H.M.O.P.No.37 of 2020 dated 31.10.2023 on the file of the Additional Sub Judge I, Villupuram. 1/4

2. The revision petitioner herein is the wife and the respondent is the husband. The respondent / husband filed H.M.O.P.No.37 of 2020 against the wife, claiming permanent alimony. After receipt of the notice, the petitioner / wife appeared and filed objection and also seeking permission of the Court to file additional counter in I.A.No.14 of 2023. That application was dismissed by the Court stating that proper reason was not assigned. Challenging the same, the petitioner / wife preferred this revision.

3. The learned counsel for the petitioner submits that already the respondent obtained decree of divorce in H.M.O.P.No.95 of 2009 much earlier in the year of 2009 itself. Thereafter, nearly about 11 years, the respondent herein filed application for permanent alimony under Section 25 of Hindu Marriage Act, as such is not maintainable and to restore earlier proceeding, she wants to file additional counter but the same also not been permitted.

4. Admittedly, already divorce was granted long back in the year 2009 and after long period, now the husband filed permanent alimony 2/4

against the wife. Therefore, the reason assigned by the petitioner is justifiable. The revision petitioner / wife is entitled to file an additional counter. Accordingly, the order passed by the trial Judge in I.A.No.14 of 2023 in H.M.O.P.No.37 of 2020 is set aside and directed to complete the trial within two weeks from the date of receipt of copy of this order.

5. In the result, the Civil Revision Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed. 21.12.2023 Index :Yes/No AT To The Additional Sub Judge I, Villupuram.

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T.V.THAMILSELVI, J.

AT C.R.P.No. 4833 of 2023 and C.M.P.No. 28645 of 2023 21.12.2023 4/4