Jerin Esthar v. Joseph Sam Israel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.01.2026

CORAM

THE HONOURABLE MR. JUSTICE N.SENTHILKUMAR Jerin Esthar ... Petitioner Vs Joseph Sam Israel ... Respondent PRAYER :-Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Principal District Court, Madurai, to take on its file the unnumbered I.D.O.P.Diary No.1769 of 2025 (FN.OP/1878/2025, CNR.TNMD010082122025) on the file of the learned Principal District Judge, Madurai, in refusing to number the petition and returned dated 13.11.2025.

For Petitioner : Mr.A.Saravanan

ORDER

The petitioner in I.D.O.P.Diary No.1769 of 2025 (FN.OP/1878/2025, CNR.TNMD010082122025) on the file of the Principal District Court, Madurai, has filed the present Civil Revision Petition seeking a direction to the said Court to number the I.D.O.P. 1/4

2.Perusal of records would reveal that the petitioner/wife has filed the above I.D.O.P against the respondent/husband seeking divorce on the ground of cruelty. However, the trial Court has returned the application on the ground of jurisdiction.

3.It is to be noted that when an application filed by a person has been returned on the ground of jurisdiction, it is for him/her to assail reasons as to how such an application is maintainable within the jurisdiction of the concerned Court and to re-present the same or to present the same before the concerned jurisdictional Court. 4.Therefore, considering the facts and circumstances of the case and after perusal of the averments made in the said IDOP., without going into the merits of the case, this Court directs the petitioner to re-present the I.D.O.P.Diary No.1769 of 2025 (FN.OP/1878/2025, CNR.TNMD010082122025) before the Principal District Court, Madurai, explaining the reasons as to how such petition is maintainable within the jurisdiction of the said Court, within a period of two weeks 2/4

from the date of receipt of a copy of this order and on such representation within the time stipulated by this Court, the learned Principal District Judge, Madurai, is directed to consider the same and pass appropriate orders with regard to numbering of such petition, after hearing the petitioner, in accordance with law, within a period of one month therefrom.

5.The Civil Revision Petition stands disposed of, with the aforesaid directions. No costs.

Speaking : Yes / No 05.01.2026 NCC : Yes / No Internet : Yes / No Index : Yes / No mm Note :

Registry is directed to return the original documents, if any, after getting necessary acknowledgment from the learned counsel for the petitioner.

To The Principal District Judge, Madurai.

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N.SENTHILKUMAR, J.

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