Devi v. Antony Monohar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(MD).No.547 of 2016(PD) Mrs.Devi ... Petitioner Vs.

Antony Monohar ... Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India, against the return order dated 22.02.2016 passed in unnumbered I.D.O.P.No...... of 2015 on the file of the Principal District Judge, Thoothukudi.

For Petitioner :Mr.G.Prabhu Rajadurai

ORDER

The petitioner filed I.D.O.P against the respondent, for divorce. According to the respondent, the petitioner and the respondent got married as per Christian rites and customs at "Jesus with us Church". Subsequently, she made correction that marriage was solemnized at Sathya Thirumana Mandapam by the competent Registrar of marriage. The petitioner produced marriage certificate in this regard.

2.The learned Judge returned the petition on the ground that raising the question of maintainability and stated that the petitioner has not produced original marriage certificate or extract of the Marriage Register. Against which, the present Civil Revision Petition is filed.

3.The learned counsel for the petitioner submitted that the petitioner produced extract of certificate of marriage. The learned counsel further submitted the marriage has been solemnized by one Rev.(Pastor) S.Joseph Balachandran and the marriage was registered as per Indian Christian Marriage Act. 4.In view of the submissions made by the learned counsel for the petitioner, the learned Principal District Judge, Thoothukudi is directed to number the I.D.O.P without raising query of maintainability, if it is otherwise in order. The validity of https://hcservices.ecourts.gov.in/hcservices/

marriage certificate produced by the petitioner shall be decided only at the time of final hearing of I.D.O.P. In the result, the civil revision petition is allowed. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Principal District Court, Thoothukudi.

Copy To:

The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai +1cc to Mr.G.Prabhu rajadurai, Advocate Sr.No.13449 ns AA/NGM-SS/23.03.2016/2p-4c C.R.P.(MD).No.547 of 2016(PD) 09.03.2016 https://hcservices.ecourts.gov.in/hcservices/