Madras High CourtCRP(MD)/856/2022allowed

Prakash v. Vimalarani

2024-07-02Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02.07.2024

CORAM

THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY C.R.P(MD)No.856 of 2022 and C.M.P(MD).Nos.3407 and 3409 of 2022 Prakash ... Petitioner/Respondent -VsVimalarani ... Respondent/Petitioner PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to strike off the petition for restitution of conjugal rights filed by the respondent/wife in H.M.O.P.No.13 of 2022 on the file of the learned Family Court, Ramanathapuram.

For Petitioners : Mr.K.Ramanathan For Respondent : No appearance

ORDER

The civil revision petition is filed to strike off the petition for restitution of conjugal rights filed by the respondent/wife in H.M.O.P.No. 13 of 2022 on the file of the Family Court, Ramanathapuram.

2. The case of the revision petitioner is that even prior to filing of the said petition as early as on 03.02.2017 in H.M.O.P.No.20 of 2015 an ex-parte decree for dissolution of marriage has been passed and the same has already become final. Till date no steps have been taken up to set aside the ex-parte decree.

3. In view thereof, the Civil Revision Petition is allowed as prayed for. No costs. Consequently, connected Miscellaneous Petitions are closed.

02.07.2024 Index : Yes / No Internet : Yes/ No Rmk To The Judge, Family Court, Ramanathapuram.

D.BHARATHA CHAKRAVARTHY, J.

Rmk C.R.P(MD).No.856 of 2022 02.07.2024