K.Samuel Rajendran v. C.Esther Leela

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and C.M.P(MD)Nos.2321 & 2322 of 2025 K.Samuel Rajendran ... Petitioner/Respondent Vs.

1.C.Esther Leela 2.Minor.Alen Rufus 3.Minor.Lydia Blessy ... Respondents/Petitioners (R2 and R3 are represented by their natural guardian / mother R1) PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the entire records pertaining to the proceedings in M.C.No.34 of 2024 on the file of the Family Court, Sivagangai District and quash the same.

For Petitioner : Mr.S.Arjun 1/4

ORDER

The present revision petition has been filed under Article 227 of the Constitution of India to quash M.C.No.34 of 2024 pending on the file of the Family Court, Sivagangai District.

2. According to the learned counsel appearing for the revision petitioner, the 1st respondent wife has already filed D.V.O.P.No.2 of 2023 and the same is pending before the Additional Mahila Court, Sivagangai. On same same set of allegations, the present maintenance case has been filed only with an intention to harass the revision petitioner.

3. The law does not prohibit a wife from invoking two different provisions of law seeking maintenance. In case if D.V.O.P proceedings got culminated, the petitioner can very well place the said order before the Family Court, Sivagangai District.

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4. With the said observations, this Civil Revision Petition stands disposed of. No costs.

17.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To 1.The Family Court, Sivagangai District.

2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.

VIJAYAKUMAR ,J.

gbg Order made in 17.02.2025 4/4