Madras High CourtCRP(MD)/1614/2016disposed of

Cesiliya @ Cesiliya Mary, v. T.Martin,

2016-08-19Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(MD)No.1614 of 2016 Cesiliya @ Cesiliya Mary .. Petitioner / Petitioner Vs.

T.Martin .. Respondent/Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Family Judge, Trichy to number the I.D.O.P., pending on the file of the Family Court, Trichy and to dispose of the same within a stipulated time. For Petitioner : Mr.J.Madhu

ORDER

This Revision is filed seeking for a direction to the Family Court, Thiruchirappalli to number the I.D.O.P., filed by the petitioner dated 18.07.2016.

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

3. The case of the petitioner is that she was married to the respondent on 12.04.1999 and out of the wedlock they are blessed with two children. Both the husband and wife were residing at their native village, namely, Melapatti in Pudukottai District and in the year 2014, they shifted their residence and started to reside at Plot No.73, Aranya Nagar, Olaiyur Main Road, E.B.Colony, Trichy for education of their children. The petitioner's daughter, namely, M.Vino Emancle is studying at Periyar Maniammal Girls Higher Secondary School in Trichy, while her son, namely, M.Helanjoel is studying at M.I.E.T. Polytechnic College, in Trichy.

4. It is further alleged that the petitioner's husband has become drunkard and he harassed her in drunken mood and he also left the matrimonial home without any valid reasons. So, the petitioner filed a petition before the Family Court, Thiruchirappalli for divorce under Section 10(1)(X) of Indian https://hcservices.ecourts.gov.in/hcservices/

Divorce Act. However, the petition was returned on the ground that the petitioner did not produce her residential proof.

5. Mr.J.Madhu, learned counsel for the petitioner would submit that the petitioner is having I.D.cards for her residential address and the petitioner had produced the I.D.cards issued to her children to prove that she is residing in Trichy, but, the Family Court has not accepted the same, hence this petition is filed.

6. In the typed set filed by the petitioner, I.D. Cards issued to the children were enclosed, which would reveal that the petitioner is residing at Trichy, in Plot No.73, Aranya Nagar, Olaiyur Main Road, E.B.Colony, Trichy.

7. In such view of the matter, the Family Court, Thiruchirappalli is directed to number the I.D.O.P. filed by the petitioner dated 18.07.2016 and dispose of the same on merits in accordance with law, if it is otherwise in order.

8. With the above directions, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS I) /True copy/ Sub Assistant Registrar To The Judge, The Family Court, Tiruchirappalli. +1cc to M/s.J.Madhu, Advocate SR.No.45804 Copy to:The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai pmu sm:PV:19/09/2016:2P/4C C.R.P.(MD)No.1614 of 2016 19.08.2016 https://hcservices.ecourts.gov.in/hcservices/