Madras High CourtCRP(MD)/2921/2024dismissed

Sathish Kumar v. Sinthiya

2025-07-09Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2025

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRP (MD). No.2921 of 2024 and 21 of 2025 and CMP(MD) No.16688 of 2024 Sathishkumar ... Petitioner in both the petitions Vs Sinthiya ... Respondent in both the petitions PRAYER in CRP(MD) No.21/2025 :-Civil Revision Petition filed under Article 227 of The Constitution of India against the order dated 21.09.2024 and consequently to direct the Sub Court, Lalgudi, Tiruchirappalli to number the restoration petition in an unnumbered IA NO..../2024 in HMOP No.33 of 2021.

PRAYER in CRP(MD) No.2921/2024 :-Civil Revision Petition filed under Article 227 of The Constitution of India against the order dated 09.02.2024 passed in IA No.2/2022 in HMOP No.33/2021 on the file of the Sub Court, Tiruchirappalli.

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For Petitioner : Ms.T.Banumathy For Respondent : Mr.MR.Sreenivasan COMMON ORDER The Civil Revision Petition is filed against the orders in IA NO. 2/2022 and unnumbered IA No.... /2024 in HMOP No.33/2021 on the file of Subordinate Judge, Lalgudi, Tiruchirappalli District.

2. Since the issue in both the petitions and the parties in the both the petitions are one and the same, they were heard together and dispose of by this common order.

3. The petitioner is the husband and the respondent is the wife and their marriage was solemnized on 14.11.2018 and they were blessed with a girl child and since there is a matrimonial discard, the respondent filed HMOP No.52/2022 for divorce, in which, the respondent filed IA No. 2/2024 for interim maintenance under Section 24 of the Hindu Marriage Act. The trial Court awarded interim maintenance and the petitioner paid 2/5

the first installment. Subsequently since he is not able to appear before the trial Court, the petition for divorce was dismissed for default. Thereafter, he filed IA to restore the petition for divorce and the said interlocutory application is dismissed even before numbering. Accordingly, challenging the same, the petitioner is before this Court with these two petitions.

4. The learned counsel for the petitioner would submit that the petitioner is ready to pay Rs.25,000/- as ordered by the trial Court and this Court may restore the HMOP to file and a direction may be issued to the trial Court to dispose of the petition for divorce within a stipulated time.

5. The learned counsel for the respondent has no serious objection for the same.

6. Considering the submission now made by the learned counsel for the petitioner, the petitioner is directed to deposit the arrears within a period of four weeks from the date of receipt of a copy of this order and 3/5

continue to pay the same on or before the 7th of every English Calender month. On such arrears being paid, the trial Court is directed to restore the HMOP to file and dispose of the same as expeditiously as possible. Accordingly, CRP(MD) No.21 of 2025 sands allowed and CRP(MD) No. 2921 of 2024 stands disposed of. No costs. Consequently connected Miscellaneous Petition is closed.

09.07.2025 NCC : Yes/No Index : Yes/No RR TO 1.The Sub Court, Lalgudi, Tiruchirappalli 2.VR Section Madurai Bench of Madras High Court, Madurai.

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M.DHANDAPANI,J RR

ORDER

IN CRP(MD) (NPD) Nos.2921 of 2024 and 21 of 2025 Date : 09/07/2025 5/5