Madras High CourtCRP(MD)/935/2023allowed

Nirmal Jayakumar, v. Grace Vinitha,

2024-09-26Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and C.M.P(MD)No.4322 of 2023 Nirmal Jayakumar ... Petitioner / Petitioner / Petitioner Vs.

Grace Vinitha ... Respondent / Respondent / Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 06.02.2023, passed in I.A.No.3 of 2023 in IDOP No. 5 of 2021 on the file of the Family court, Pudukottai by allowing this Civil Revision Petition. For Petitioner : Mr.Aravind Subramanian Senior Counsel for M/s.S.Priyanka 1/4

For Respondent : Ms.S.Mahalakshmi

ORDER

Heard both sides.

2.The revision petitioner herein filed IDOP No.5 of 2021 on the file of Family Court, Pudukottai for divorce. The petitioner filed IA.No.3 of 2023 for reopening his evidence which is closed on 10.11.2022. The said IA was dismissed vide order dated 06.02.2023. Challenging the same, this Civil Revision Petition came to be filed. 3.I am satisfied that since substantial rights of the petitioner are involved, he deserves to be given one more opportunity. In this view of the matter, the impugned order is set aside. The Court below is directed to dispose of IDOP No.5 of 2021 along with IDOP No.4 of 2021 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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4.This Civil Revision Petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

26.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To The Family court, Pudukottai.

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G.R.SWAMINATHAN, J.

MGA 26.09.2024 4/4