Madras High CourtCRP(MD)/859/2024dismissed

K.Naveen v. Vasuki

2025-07-07Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI and C.M.P.(MD)No.4773 of 2024 K.Naveen ... Petitioner Vs.

Vasuki ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to allow the Civil Revision Petition and set aside the order passed by the learned Family Judge, Karur dated 06.01.2024 in I.A.No.2 of 2023 in H.M.O.P.No.184 of 2023.

For Petitioner : Mr.V.Sukumar For Respondent : Mr.P.Samuel Gunasingh

ORDER

This petition has been filed seeking to set aside the fair and decretal order dated 06.01.2024 in I.A.No.2 of 2023 in H.M.O.P.No.184 of 2023, on the file of the Family Court, Karur.

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2. The learned counsel for the petitioner would submit that the marriage between the petitioner and respondent was solemnized on 25.02.2021. Subsequently, there was a matrimonial dispute between them. Therefore, the petitioner filed H.M.O.P.No.184 of 2023 before the Family Court, Karur for decree of divorce. In the said HMOP petition the respondent filed counter. In the meantime, the petitioner filed I.A.No.2 of 2023 under Order VIII Rule IX and Section 151 CPC, seeking to accept the reply statement filed by the petitioner. The learned Family Judge, Karur dismissed the said application. Challenging the same, the present Civil Revision Petition has been filed.

3. The learned counsel appearing for the petitioner would further submit that unless the petitioner given an opportunity for replying the written statement filed by the respondent, the petitioner will be put to irreparable loss and hardship and pray for allowing this petition.

4. Per contra, the learned counsel for the respondent would submit that the petitioner filed H.M.O.P.No.184 of 2023, in which, the respondent filed written statement and now the petitioner seeks to accept the reply statement to the written statement filed by the respondent. He would submit that no new material was introduced in the reply statement. 2/4

5. In view of the above, in the absence of new materials granting to file the reply statement is unnecessary and the procedure is not available to accept the reply statement to replying the written statement filed by respondent and therefore, the trial Court has rightly dismissed the application, which need not be interfered with. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 07.07.2025 Internet:Yes/No Index:Yes/No am To 1.The Family Court, Karur.

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

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M.DHANDAPANI , J.

am 07.07.2025 4/4