D.Vadivukarasi v. R.Venugopal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.D.Vadivukarasi 2.V.Madev (Minor) Represented by his mother / first petitioner ... Petitioners / Petitioners Vs.

1.R.Venugopal 2.S.Rajadurai 3.R.Malathi 4.Chidambaravadivu @ Chinnathai 5.Madasamy 6.Esakki Thai @ Hezibha 7.Duraimathi 8.The Branch Manager, Punjab National Bank, 59 A, North Car Street, Thirunelveli.

... Respondents / Respondents / Respondents 1/6

Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Court below to dispose the Crl.M.P No.14553 of 2024 in DVOP No.16 of 2023 on the file of the Judicial Magistrate No.3, Thirunelveli within the time frame fixed by this Court. For Petitioners : Mr.S.Parthiban For Respondents : Mr.M.Viji

ORDER

Heard the learned counsel appearing for the revision petitioners and the learned counsel appearing for the respondents. 2.Thiru.R.Venugopal and D.Vadivukarasi got married on 18.11.2012 at Palayamkottai as per the Hindu Rights and Customs. Through the wedlock a male child was born on 28.09.2013. The relationship between the parties has come under strain. They are presently separate. D.Vadivukarasi filed D.V.O.P.No.16 of 2023 on the file of the learned Judicial Magistrate No - 3, Tirunelveli seeking certain reliefs. In the said DVOP, she filed Crl.M.P.No.14553 of 2024. Now, D.Vadivukarasi has been admitted as inpatient. She has to undergo emergent cardiac surgery. It is not in dispute that Thiru.R.Venugopal has 2/6

taken insurance cover for D.Vadivukarasi. He has to part with the medical insurance card. It is further stated that a sum of Rs.5,50,000/- (Rupees Five Lakhs and Fifty Thousand only) is lying in the petition mentioned joint account.

3.I made it clear that I will not be inclined to force any direction on Thiru.R.Venugopal. Thiru.R.Venugopal graciously and fairly came forward to concede these two requests. Thiru.R.Venugopal appeared in person before me and he stated that since his wife's condition is said to be critical, without entering into any of the contentious aspects, he is willing to part with the medical card as well as facilitate the disbursal of the balance amount lying in the petition mentioned account. The said undertaking is recorded. Thiru.R.Venugopal informs the Court that the insurance cover got lapsed last month and he will do everything possible that has to be done from his end.

4.Mrs.D.Vadivukarasi informs the Court through her counsel that DVC will be conducted only between herself on the one hand and her husband Thiru.R.Venugopal on the other. The other in-laws may be 3/6

deleted from the array of parties. The Court below is directed to delete the in-laws from the array of parties.

5.Considering the special facts and circumstances of this case, I transfer D.V.C.No.16 of 2023 on the file of the learned Judicial Magistrate No.III to the learned Judicial Magistrate, Sankarankovil. The learned Judicial Magistrate, Sankarankovil shall dispose of the said DVC as expeditiously as possible.

6.This Civil Revision Petition is disposed of with the aforesaid directions. There shall be no order as to costs. 03.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA Note: Issue order copy on 04.10.2024.

To 1.The Judicial Magistrate No.3, Thirunelveli.

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2.The Judicial Magistrate, Sankarankovil.

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G.R.SWAMINATHAN, J.

MGA 03.10.2024 6/6