D. Rachel Malini, v. Israel,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 23.06.2023

CORAM

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN & THE HON'BLE MR.JUSTICE SUNDER MOHAN in in C.M.A.(MD)No.898 of 2015 [Through Video Conferencing] D.Rachel Malini, W/o.Israel, Kamaraj Nagar, Ring Road, Avaniapuram, Madurai.

... Petitioner /versus/ Israel, S/o.Samuel Selvaraj, Old D.No.4, New D.No.14, Jumbropuram 3rd lane, Madurai.

... Respondent Prayer:- Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act, 1963, pleased to condone the delay of 76 days in filing this Review Application against the order made in C.M.A.(MD).No.898 of 2015, dated 05.12.2022 and pass orders.

For Petitioner : Mr.R.Balamuruganantham Page No.1/4

O R D E R

This Review Application is filed against the order made by this Court in C.M.A (MD).No.898 of 2015, dated 05.12.2022. Since the review petition not filed in time, petition to condone delay of 76 days is filed. The Learned Counsel for the petitioner submitted, reason for delay of 76 days in filing the review petition as well as the reason for seeking the indulgence of this Court to review the earlier order.

2. After hearing the Learned Counsel for the petitioner at length, this Court finds that, the petitioner, who is the respondent in C.M.A.(MD).No. 898 of 2015, is concern about the extract of the opinion given by the Psychiatrist in our order and she apprehended that it may affect her carrier as Professor in the College.

3. After giving anxious consideration to the said representation and reading our order, we find that, we have made a reference about the opinion given by the Psychiatrist, but our decision is not based on the said opinion.

4. In any event, since the submission made by the Learned Counsel appellant/respondent appears to be genuine, to avoid improper understanding of Page No.2/4

our order dated 05.12.2022, we are inclined to clarify that, the reference to the Psychiatrist report marked as Ex.C.2 is only for the completion of the narration of the facts and we have not given any seal of approval to the opinion given by the Psychiatrist in Ex.C.2.

5. With the above clarification, C.M.P.(MD).No.6002 of 2023 and the Rev.Aplc.(MD).SR.No.31835 of 2023 are disposed of. (Dr.G.J.,J) & (S.M.,J) 23.06.2023 Index : Yes/No.

Internet : Yes/No.

Speaking Order/Non Speaking Order bsm Page No.3/4

Dr.G.JAYACHANDRAN, J.

& SUNDER MOHAN, J.

bsm in Rev.Aplc.(MD).SR.No.31835 of 2023 23.06.2023 Page No.4/4