Madras High Court
Chandrasekaran vs L.Divakar on 8 February, 2021
CRP.PD.No.3665 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
CRP.PD.No. 3665 of 2016
and
CMP.No. 18657 of 2016 and CMP.No.1291 of 2017
Chandrasekaran ... Petitioner
Vs.
L.Divakar ... Respondent
PRAYER: The Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to set aside the order and decretal order dated
31.08.2016 made in I.A.No.1565 of 2015 in O.S.No.273 of 2015 on the file
of the Principal District Munsif at Tindivanam.
For Petitioner : Mr.N.Jyothi for
: Mr.M.C.Govindan
For Respondent : No Appearance
ORDER
This Civil Revision Petition is directed as against the fair and decretal
order passed in I.A.No.1565 of 2015 in O.S.No.273 of 2015 dated
31.08.2016 on the filed of the Principal District Munsif, Tindivanam,
thereby, dismissing the petition for rejection of plaint filed by the petitioner
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CRP.PD.No.3665 of 2016
herein.
2. Heard the learned counsel for the petitioner. Though the notice has
been served on the respondent and a counsel also entered appearance, there
is no representation for the respondent.
3. The petitioner and others are the defendants in the suit filed by the
respondent herein for permanent injunction restraining the petitioner's
daughter for contracting a second marriage. When her marriage with the
respondent is subsisting, he also sought for permanent injunction restraining
the petitioner and three others from forcing or goading the first defendant,
viz., his daughter to contract the second marriage.
4. The petitioner is the father of the first defendant herein and he is
the second defendant in the suit filed by the respondent herein. The
respondent filed a petition in HMOP.No.41 of 2012 on the file of the Sub
Court, Tindivanam for restitution of Conjugal Rights as against his daughter
viz., the first defendant in the present suit. In the said Petition, the
respondent avered that he got married with the first defendant on
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CRP.PD.No.3665 of 2016
04.02.2010. Thereafter, the respondent went to U.K. to pursue his Post
Graduation. Thereafter, the respondent was left in severance and as such, he
filed a petition for restitution of conjugal rights. The daughter of the
petitioner herein resisted the said petition on the ground that the marriage
itself was not solemnized between the respondent and the petitioner's
daughter. After contesting the petition filed by the respondent, the learned
Sub Judge, Tindivanam dismissed the petition for restitution of Conjugal
Rights by the judgment and decree dated 29.04.2017.
5. In fact, the respondent also filed an appeal in CMA.No.13 of 2017
before the Principal District Court, Villupuram and the same was also
dismissed by the judgment and decree dated 14.10.2019. In the meanwhile,
the respondent filed another suit in O.S.No.273 of 2015 for the relief of
permanent injunction restraining the first defendant from contracting the
second marriage. The present suit is nothing but clear abuse of process of
law, since, already the suit filed by the respondent was dismissed and the
same was also confirmed by the Principal District Court, Villupuram. In
fact, the petitioner's daughter also got married on 03.07.2017 and her
marriage was also duly registered on 22.09.2017. In fact, she also gave birth
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CRP.PD.No.3665 of 2016
to a male child on 16.10.2019 and now they have settled in Germany.
Therefore, the pendency of the present suit will not serve any purpose.
6. Considering the above, this Civil Revision Petition is allowed and
the order passed in I.A.No.1565 of 2015 in O.S.No.273 of 2015 is set aside.
The plaint in O.S.No.273 of 2015 on the file of the Principal District Munsif
at Tindivanam is hereby stuck-off. Consequently, the connected
Miscellaneous Petitions are closed. No costs.
08.02.2021
Speaking/Non-speaking order
Index : Yes/No
Internet : Yes/No
kv
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CRP.PD.No.3665 of 2016
G.K.ILANTHIRAIYAN,J.
Kv
CRP.PD.No. 3665 of 2016
https://www.mhc.tn.gov.in/judis/
CRP.PD.No.3665 of 2016
08.02.2021
https://www.mhc.tn.gov.in/judis/
