Rooban Chakkaravarthy, v. Abinaya,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twentieth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P.VELMURUGAN and The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CMA(MD) SR No.71755 of 2022 ROOBAN CHAKKARAVARTHY ... Petitioner / Appellant / Respondent Vs ABINAYA ... Respondent / Respondent / Petitioner Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to condone the delay of 170 days in preferring the appeal against the Judgement and decree in H.M.O.P. No. 30 of 2021 dated 03.09.2021 on the file of the Family Court at Ramanathapuram.

Prayer in CMA(MD) SR No.71755 of 2022:

To allow the above civil miscellaneous appeal by setting aside the restitution of conjugal rights order dated 03.09.2021 made in H.M.O.P.No.30 of 2021 on the file of the Family Court at Ramanathapuram.

ORDER : This civil miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.SATHISH KUMAR, Advocate for the petitioner and of Mr.R.UDHAYAKUMAR, Advocate on behalf of the Respondent, the Court made the following order:- 1/3

(Order of the Court was made by P.VELMURUGAN,J) This Petition is filed to condone the delay of 170 days in filing the above Civil Miscellaneous Appeal against the judgment and decree made in H.M.O.P.No.30 of 2021, dated 3.9.2021 on the file of Family Court at Ramanathapuram.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.Though the reasons stated in the accompanying affidavit filed in support of this Petition is not satisfactory, in order to give an opportunity to the parties to contest the matter on merits,this Petition is ordered and the delay is condoned on condition that the Petitioner pays a sum of Rs.1,000/- towards costs to the respondent directly on or before 17.10.2024.

4.Post the matter for reporting compliance on 17.10.2024. sd/- 20/09/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VSN 2/3

To The Judge Family Court, Ramanathapuram.

ORDER

IN in CMA(MD) SR No.71755 of 2022 Date :20/09/2024 ED/ JGB /SAR- (01/10/2024) 3P / 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3