← Library
Madras High CourtCRP(MD)/1507/2016disposed of

G.Justin Sunil Dhas, v. Jose Brightly,

2016-08-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.08.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD).No.1507 of 2016 G.Justin Sunil Dhas .. Petitioner Vs.

Jose Brightly .. Respondent Prayer : Petition filed under Article 227 of Constitution of India, to set aside the order passed in unnumbered D.O.P.No. of 2016, dated 16.06.2016 and to direct the learned District and Sessions Judge, Kanyakumari District at Nagercoil to number the petition. For Petitioner : Mr.R.J.Karthick ***

ORDER

This Revision is directed against the order passed by the learned District and Sessions Judge, Kanyakumari District at Nagercoil in unnumbered D.O.P., dated 16.06.2016.

2. Heard the learned counsel appearing for the petitioner and perused the records.

3. Mr.R.J.Karthick, learned counsel for the petitioner would submit that the earlier original petition in I.D.O.P.No.130 of 2011 filed by the petitioner against the respondent for restitution of conjugal rights, was allowed. Against that order, the respondent has preferred an appeal in C.M.A.No.735 of 2014. Pending appeal, the petitioner has filed the present original petition for divorce on the ground of desertion and cruelty. However, the learned District Judge, Kanyakumari refused to number the case, on the ground of pendency of the appeal.

4. The grievance of the petitioner is that the present divorce petition is filed on the ground of cruelty and the pendency of the appeal cannot be a ground to refuse to number this original petition. In the original petition, at paragraph No.18, the petitioner has averred about the cruelty allegedly caused by the respondent.

https://hcservices.ecourts.gov.in/hcservices/

5. In such view of the matter, the Civil Revision Petition is allowed and the order passed in unnumbered D.O.P., dated 16.06.2016 is set aside. The learned District and Sessions Judge, Kanyakumari Division, at Nagercoil is directed to number the divorce original petition, if it is otherwise in order. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub-Assistant Registrar To The District and Sessions Judge, Kanyakumari District at Nagercoil +One cc to M/s.R.J.Karthick, Advocate, SR.No.41968 pmu RL/3C/2P/DB/11/8/2016 C.R.P.(MD).No.1507 of 2016 03.08.2016 https://hcservices.ecourts.gov.in/hcservices/