Madras High Court
T.Hemachandran vs R.Padmini on 2 July, 2021
C.R.P(PD).No.104 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.R.P(PD).No.104 of 2020
T.Hemachandran
S/o.Sri Thangavelu ... Petitioner
Vs.
R.Padmini ... Respondents
Prayer: Petition filed under Article 227 of Constitution of India,
seeking to direct the learned Family Court Judge, Vellore, Vellore District to
number the unnumbered I.A.SR.No.3879 of 2019 returned on 19.12.2019 in
F.C.O.P.No.28 of 2019 on the file of the learned Family Judge, Vellore,
Vellore District.
For Petitioner : Mr.Muheet rathore
for M/s.P.Subba Reddy
For Respondent : Mr.V.Lakshminarayanan
ORDER
(The case has been heard through video conference)
Revision has been filed questioning the order in I.A.SR.No.3879 of 2019
in F.C.O.P.No.28 of 2019, pending on the file of the Family Court, Vellore,
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C.R.P(PD).No.104 of 2020
which order was dated 19.12.2019. As a matter of fact, there was an
effective order based on which the said I.A.SR.No.3879 of 2019 was
returned by the learned Family Court Judge, Vellore giving raise to filing of
the present Revision Petition.
2.Revision Petitioner is the husband. An earlier, F.C.O.P.No.143 of
2014 had been filed before the Family Court, Vellore and by an order dated
05.11.2016 it had decreed and the divorce was granted on the ground of
desertion. That order was taken in Appeal in C.M.A.No.2757 of 2016 and by
judgment dated 17.04.2018, a Division Bench of this Court had thought it fit
to interfere with the order granting divorce and had set aside the particular
order. The matrimonial relationship therefore continued to subsist between
the parties.
3.The petitioner herein appears to have filed a Special Leave Petition
questioning the judgment of C.M.A.No.2757 of 2016 and I am informed that
the Hon'ble Supreme Court has not granted any stay. In the meanwhile, the
respondent herein / wife filed F.C.O.P.No.28 of 2019 seeking restitution of
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C.R.P(PD).No.104 of 2020
conjugal rights. Her right to such restitution arises owing to the judgment of
this Court in C.M.A.No.2757 of 2016 and also from the fact that the Hon'ble
Supreme Court had not granted any stay of that particular judgment. The
petitioner herein / husband thereafter filed I.A.SR.No.3879 of 2019 calling
upon the Family Judge, Vellore not to proceed with F.C.O.P.No.28 of 2019
till judgment is delivered in the Special Leave Petition. I find that the
learned Family Court Judge had returned the said application and I hold that
the same had been done with a good reason.
4.The respondent herein had lawfully filed F.C.O.P.No.28 of 2019
and if the petitioner herein has any objection to it, he should join
proceedings by filing counter to the said F.C.O.P.No.28 of 2019 petition and
should not invite the learned Judge to pass orders on issues raised by filing
I.A.SR.No.3879 of 2019 and calling upon the learned judge not to proceed
with a judicial matter lawfully filed and to be heard by the Court. This is not
a proper approach and the same cannot be encouraged by this Court.
Rejection of the said I.A.SR.No.3879 of 2019 is correct and this Court is not
inclined to interfere with the order passed. I am also informed that the
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C.R.P(PD).No.104 of 2020
petitioner herein had filed counter to F.C.O.P.No.28 of 2019.
5.It is open for the learned Family Court Judge, Vellore to proceed
further with F.C.O.P.No.28 of 2019 on the basis of the averment in the
petition and averment in the counter affidavit. The learned Judge shall
decide the manner in which she / he thinks it fit to proceed with the further
progress of F.C.O.P.No.28 of 2019.
6.I hope directions are not required and in fact I am confident the
learned Judge would be able to handle the issues.
7.This Civil Revision Petition is not required to be kept further on the
Board of this Court.
7.Th Civil Revision Petition stands dismissed accordingly. No costs.
02.07.2021
kas
The Family Court Judge
Vellore, Vellore District
https://www.mhc.tn.gov.in/judis/
C.R.P(PD).No.104 of 2020
C.V.KARTHIKEYAN, J.
kas
C.R.P.(PD).No.104 of 2020
02.07.2021
https://www.mhc.tn.gov.in/judis/
