Saravanan @ Chokalingam, v. Vallikkannu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/06/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.1612 of 2021 Saravanan @ Chokalingam ... Petitioner Vs Vallikkannu,, W/o. Saravanan @ Chokkalingam, D.O. Pl.

Ramanthan, No. 5/35, Pandian Street, Prakash Nagar, Ambattur, Chennai. Rep.

by Her Father and Natural Guardi.

... Respondent PRAYER :-Civil Revision Petition is filed under Article 227 of the Constitution of India to call for the records relating to the impugned fair and decreetal order dated 10.10.2019 made in IA No. 584 of 2016 in Unnumbered HMOP No. of 2016 on the file of Family Court, Madurai, set aside the same.

For Petitioner : Mr.S.Srinivasaraghavan For Respondent : No appearance

ORDER

This Civil Revision Petition is filed challenging the fair and decreetal order dated 10.10.2019 made in IA No. 584 of 2016 in 1/4

Unnumbered HMOP No. of 2016 on the file of Family Court, Madurai,

2. The learned counsel for the petitioner would submit that the petitioner is the husband of the respondent and the marriage between them was solemnized on 08.06.2006 and they were blessed with two girl children and since their matrimonial life ran into rough weather, HMOP was filed by the petitioner for divorce on the ground of cruelty, desertion and mental retardation. The said HMOP is yet to be numbered and during the pendency of the said proceedings, the petitioner has filed IA No. 584/2016 to prove the mental retardation of the respondent by appointing a guardian and the said petition was dismissed. The learned counsel for the petitioner would submit that though the petitioner has challenged the dismissal order passed in the interlocutory application, the petitioner would be satisfied if a direction is given to him to canvass all the points in the HMOP during trial.

3. Though notice was served on the respondent, none appears for the respondent.

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4. Considering the facts and circumstances of the case and considering the submission made by the learned counsel for the petitioner, this Civil Revision Petition is dismissed with liberty to the petitioner to raise all the points during trial. No costs. 18.06.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Family Court, Madurai 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) No.1612 of 2021 Date : 18/06/2025 4/4