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Madras High CourtCRP(MD)/401/2018dismissed

Janani, D/O.Murugesan, v. Rajadurai,

2018-04-17Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.401 of 2018 and C.M.P.(MD).No.1777 of 2018 Janani ... Petitioner Vs.

Rajadurai ... Respondent Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India to strike off the petition in H.M.O.P.No.153 of 2017 pending on the file of the Family Court, Dindigul.

For Petitioner : Mrs.S.Prabha for Mr.D.Rameshkumar For Respondent : No appearance

O R D E R

The Civil Revision Petition is filed to strike off the petition in H.M.O.P.No.153 of 2017 pending on the file of the Family Court, Dindigul.

2. Heard the learned counsel for the petitioner.

3. Since the petitioner/wife has filed the Civil Revision Petition by invoking Article 227 of the Constitution of India to strike off the H.M.O.P.No.153 of 2017 filed by the respondent/husband, on various grounds, there is no provision or power under Article 227 of the Constitution of India to strike off the H.M.O.P.No.153 of 2017 and the family dispute is pending between the petitioner and the respondent. Therefore, this Court is not inclined to entertain the Civil Revision Petition. Accordingly, the Civil Revision Petition is dismissed. However, the petitioner is at liberty to file an application to strike off the H.M.O.P.No.153 of 2017 before the Family Court, Dindigul and the same may be entertained by the Family Court, Dindigul.

4. The petitioner is directed to file a counter to the H.M.O.P.No.153 of 2017 within a period of two weeks from the date of receipt of a copy of this order. On filing counter by the petitioner, the Family Court, Dindigul is directed to dispose of the H.M.O.P.No.153 of 2017 within a period of three months from the date https://hcservices.ecourts.gov.in/hcservices/

of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar To The Judge, Family Court, Dindigul.

+1CC to Mr.D.Ramesh Kumar, Advocate, SR.No. 61751 C.R.P.(PD)(MD)No.401 of 2018 17.04.2018 akv AM/SKN RSK/SAR 4/31.05.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/