Madras High CourtCRP(MD)/1789/2023dismissed

Thirunavukkarasu v. Rajeshwari

2025-07-08Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.07.2025

CORAM

THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(NPD)(MD)No.1789 of 2023 and C.M.P(MD)No.8908 of 2023 Thirunavukkarasu ... Petitioner Vs Rajeswari ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, against the order dated 02.07.2022 made in I.A.No.21 of 2022 in H.M.O.P.No.155 of 2021 on the file of the Family Court, Ramanathapuram, Ramanathapuram District.

For Petitioner : Mr. D.Balamurugapandi

ORDER

This revision petition has been filed challenging the order dated 02.07.2022 made in I.A.No.21 of 2022 in H.M.O.P.No.155 of 2021 on the file of the Family Court, Ramanathapuram, Ramanathapuram District. 1/4

2. The revision petitioner is the husband and the respondent is the wife. Marriage between them was solemnized on 05.03.2020. Subsequently, there was a matrimonial dispute arose between them. Therefore, the respondent/ wife filed H.M.O.P.No.155 of 2021 for divorce in which the respondent wife filed I.A.No.25 of 2012 for return of Sridhana articles and the same was allowed in her favour. Challenging the same, the present revision petition has been filed by the petitioner/husband.

3. The learned counsel for the petitioner would submit that prior to filing the HMOP, the entire Sridhana articles were returned to the respondent/wife and the same was suppressed by the respondent/wife before the trial Court. However, the trial Court ordered for the return of Sridhana articles which is not sustainable one. Accordingly, he prayed for appropriate orders.

4. Though the revision is filed in the year 2023, till date the petitioner is not taken effective steps to serve notice to the respondent. Considering the pendency of this revision petition, this Court is inclined to dispose of this revision at this stage. This Court perused the entire records. Perusal of the records reveal that at the time of marriage, the respondent/wife family given the Sridhana articles to the petitioner family and thereafter, matrimonial dispute arose for which the respondent/wife filed a petition for divorce in H.M.O.P.No. 2/4

155 of 2021. In the said HMOP, the respondent/wife filed IA for return of Sridhana articles and the trial Court arrived a categorical conclusion that no proof was filed by the petitioner before the trial Court with regard to the return of Sridhana articles and granted the relief in favour of the wife. In the absence of any proof, refuse to grant relief in favour of the respondent/wife is not sustainable one. Thereby, the relief granted by the trial Court for return of articles to the wife need not be interfered.

5. Accordingly, this Civil Revision Petition is dismissed. No Costs. Consequently, connected miscellaneous petition is closed. 08.07.2025 Internet:Yes/No Index:Yes/No NCC: Yes/No PJL To 1.The Judge,Family Court, Ramanathapuram, Ramanathapuram District.

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

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M.DHANDAPANI , J.

PJL C.R.P.(NPD)(MD)No.1789 of 2023 08.07.2025 4/4