Madras High Court
Sarania @ Srania Mariyappan vs Krishnan Govindan on 2 August, 2021
C.R.P.(PD).No.1468 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) No.1468 of 2021
Sarania @ Srania Mariyappan ... Petitioner /
2nd petitioner
versus
Krishnan Govindan ... Respondent /
1st petitioner
PRAYER: Civil Revision Petition has been filed under Article 227 of the
Constitution of India, to direct the Subordinate Court, Alandur, to number
the H.M.O.P.SR.No.1884 of 2021 and I.A.SR.No.1885 of 2021 in
H.M.O.P.SR.No.1884 of 2021 pending on this file in a time-bound manner.
For Petitioner : M/s.V.Chethana
ORDER
This Civil Revision Petition is filed seeking a direction to the
Subordinate Court, Alandur, to number H.M.O.P.SR.No.1884 of 2021 and
I.A.SR.No.1885 of 2021 in H.M.O.P.SR.No.1884 of 2021 pending on its
file, in a time-bound manner.
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C.R.P.(PD).No.1468 of 2021
2. The learned counsel appearing for the petitioner
submitted that, the marriage between the petitioner and the respondent was
taken place on 02.05.2019. Their marriage was registered as S.No.28 of
2019 on 07.05.2019 at the S.R.O., Kaveripattinam. After the marriage, they
resided at Krishnagiri and then went to Washington, U.S.A. They had some
differences and those differences could not be reconciled and hence, both
decided to dissolve their marriage and filed the petition under Section 13B
of the Hindu Marriage Act, 1955, for dissolution of marriage by mutual
consent.
3. The petitioner [Wife] has come back to India and now,
presently residing at 34 GI, Mahalakshmi Nagar, 7th Cross Street,
Adampakkam, Chennai - 600 088. The respondent [husband] continued to
reside at 15325, NE, 9th PI, Unit J305, Bellevue, Washington, USA 98007.
Due to this pandemic situation, husband is not in a position to come to India
to jointly appear before the Subordinate Court, for pursuing the petition, for
dissolution of marriage by mutual consent. However, the petition was
signed by both parties and husband signed in the proceedings of H.M.O.P.
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C.R.P.(PD).No.1468 of 2021
along with Interlocutory Application, for conducting the proceedings
through video-conferencing, which was filed before the Subordinate Court,
Alandur.
4. The learned Subordinate Judge, Alandur, made returns
atleast on three occasions. The first return was made on 09.04.2021 and that
was complied with and represented on 21.04.2021. Thereafter, the second
return was made on 18.05.2021 with fresh returns and that was also
complied with and represented on 16.06.2021 and again the third return was
made on 24.06.2021. Against the said return, with the prayer for seeking to
number H.M.O.P.SR.No.1884 of 2021 and I.A.SR.No.1885 of 2021 in
H.M.O.P.SR.No.1884 of 2021, this Civil Revision Petition is filed.
5. The learned counsel appearing for the petitioner draw the
attention of this Court to the judgment of the Hon'ble Supreme Court in the
case of AMARDEEP SINGH vs. HARVEEN KAUR reported in (2017) 8
SCC 746 for the proposition that in matrimonial proceedings, the Court can
also use the medium of videoconferencing and also permit genuine
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C.R.P.(PD).No.1468 of 2021
representation of the parties through close relations, such as parents or
siblings where the parties are unable to appear in person for any just and
valid reason as may satisfy the Court, to advance the interest of justice. She
has also brought to the notice of this Court that Video Conferencing in
Courts Rules, 2020 framed by The Madras High Court, in support of her
contention that, the proceedings can be conducted through
videoconferencing. Already, there is a judgment of the Hon'ble Supreme
Court in the case of SANTHINI vs. VIJAYA VENKETESH reported in
(2018) 1 SCC 1 with regard to conduct of the proceedings through
videoconferencing.
6. It is seen that atleast 3 different returns were made by the
Subordinate Court. It had been reiterated time and again, that whatever
returns are made, they should be consolidated returns and peace meal
returns should not be made. Therefore, the learned Subordinate Judge,
Alandur, is directed to number H.M.O.P.SR.No.1884 of 2021 and
I.A.SR.No.1885 of 2021 in H.M.O.P.SR.No.1884 of 2021, if they are
otherwise in order and proceed with the matters, as per the guidelines issued
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C.R.P.(PD).No.1468 of 2021
by the Hon'ble Supreme Court in the aforesaid judgments and the Madras
High Court Video Conferencing Rules, 2020, within a period of two (2)
weeks from the date of receipt of a copy of this order.
7. This Civil Revision Petition is ordered accordingly.
However, there is no order as to costs.
02.08.2021
Speaking order / Non-speaking order
Index : Yes / No
sri
To
The Subordinate Court, Alandur.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD).No.1468 of 2021
G.CHANDRASEKHARAN, J.
sri
C.R.P. (PD) No.1468 of 2021
02.08.2021
https://www.mhc.tn.gov.in/judis/
