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Madras High CourtCRP/3360/2018ordered accordingly

Kavitha v. S.Magesh

2018-10-29Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH C.R.P.(PD) No.3360 of 2018 Kavitha

...Petitioner

vs S.Magesh

...Respondent

Prayer: Civil Revision Petition filed Under Article 227 of the Constitution of India to issue appropriate direction to the Principal Subordinate Court at Chengalpattu to number the HMOP.SR.No.4587 of 2018. For Petitioner : S.Ravee Kumar

O R D E R

There is no impediment or bar for claiming two reliefs under Section 13(1) (i-a) and Section 24 of the Hindu Marriage Act,1955, when the cause of action and the parties are one and the same and what is required is that the petitioner pays separate Court fees for both the reliefs. As such, the Registry of the learned Principal Subordinate Judge, Chengalpattu may not be justified in refusing to number the petition.

2. In view of the same, the learned Principal Subordinate Judge, Chengalpattu is called upon to direct his Registry to number the HMOP.SR.No.4587 of 2018 and take the same on file, if it is otherwise in order. Such an exercise shall be completed within a period of one week from the date of receipt of copy of this order. Registry of this Court is directed to return the original petition to the counsel for the petitioner.

3. Accordingly, the Civil Revision Petition stands ordered. No costs. 29.10.2018 Internet:Yes Index:Yes/No hvk To The Principal Subordinate Court, Chengalpattu.

M.S.RAMESH, J.

hvk C.R.P. (PD) No.3360 of 2018 29.10.2018