A.Ishwariya v. M.Karthick
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2025 THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR C.R.P(MD)No.579 of 2025 A.Ishwarya ... Petitioner vs.
M.Karthick ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India to dispose of the interim application in I.A.No.1 of 2024 in H.M.O.P.No. 876 of 2023 on the file of the Family Court, Madurai in a time bound manner.
O R D E R
The Civil Revision Petition has been filed seeking a direction to the learned District Judge, Family Court, Madurai, to dispose of the interim application in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023. 2.This Court, vide order, dated 26.02.2025, had disposed of the above Civil Revision Petition with the following directions:
"3.Considering the above said facts, this Court directs the Family Court, Madurai, to dispose of the case in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 on or before 30.06.2025."
3.Thereafter, the learned District Judge, Family Court, Madurai, vide letter, dated 30.06.2025, had requested further time to dispose of the application in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 and this Court, vide order, dated 19.08.2025, had granted three months time to dispose of the application in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023. 4.Now, the learned District Judge, Family Court, Madurai, vide letter, dated 02.12.2025, had submitted that evidence was let in by both parties in I.A.No.1 of 2024 and the same was concluded and when the matter was posted for arguments, the respondent's Counsel had produced an order of this Court in C.R.P.(PD)No.3303 of 2018, dated 12.08.2020, wherein, this Court has held that return of articles under Section 27 of Hindu Marriage Act, shall not be decided by way of interlocutory application and the matter has to be decided along with the main case. Hence, the learned District Judge, Family Court,
Madurai, has sought clarification from this Court whether to dispose the I.A.No.1 of 2024 separately or whether to dispose of the I.A.No.1 of 2024 along with main petition.
5.It appears that the order passed by this Court in C.R.P.(PD)No.3303 of 2018, dated 12.08.2020, is a generalized direction that the application filed for return of articles under Section 27 of Hindu Marriage Act, shall not be disposed of by way of interlocutory application and that the matter has to be decided along with the main case.
6.However, by considering the individual facts and circumstances of the case, this Court in the present Civil Revision Petition in C.R.P(MD)No.579 of 2025, vide order, dated 26.02.2025, directed the Family Court, Madurai, to dispose of the case in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 on or before 30.06.2025. Upon the request of the learned District Judge, dated 30.06.2025, the time limit was further extended by three months. The said direction holds good till date and it has neither been reversed nor questioned by the parties to the lis. Therefore, no clarification is required and the learned
District Judge is to comply with the directions issued by this Court in C.R.P(MD)No.579 of 2025, dated 26.02.2025, and 19.08.2025. 12.12.2025 cmr To The Judge, Family Court, Madurai.
N.SENTHILKUMAR, J.
cmr C.R.P(MD)No.579 of 2025 12.12.2025