Madras High Court
Mrs. Suba Ravikumar vs M.C. Ravikumar on 4 March, 2021
C.R.P.Sr.No.13337 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2021
CORAM
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P.Sr. No.13337 of 2021
Mrs. Suba Ravikumar ... Petitioner
Vs.
M.C. Ravikumar ... Respondent
Prayer: This Civil Revision Petition filed under Article 227
constitution of India seeking for to set aside the fair and decreetal order
passed in I.A. No.123 of 2018 in O.P. No.2132 of 2017 dated 11.10.2018
pending on the file of the VI Additional Family Court, Chennai.
For Petitioner ... Mr.T.C.S. Raja Chockalingam
For Respondent ... No Appearance
****
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C.R.P.Sr.No.13337 of 2021
ORDER
This Civil Revision Petition in S.R. stage under Article 227
constitution of India has been filed seeking for to set aside the fair and
decreetal order passed in I.A. No.123 of 2018 in O.P. No.2132 of 2017
dated 11.10.2018 pending on the file of the VI Additional Family Court,
Chennai.
2. When this case is listed today under the caption for
"Maintainability", the learned counsel for the petitioner would submit
that as the petitioner's first marriage was dissolved on 11.06.2001 by the
II Additional Family Court in O.P. No.1488 of 2000, the respondent
herein married the petitioner claiming that his first marriage with Ms.A.
Janaki was dissolved by Court of law and the second marriage of the
Revision Petitioner with the Respondent took place on 24.04.2002. The
Revision petitioner and her two sons through the respondent were
abandoned by him and he filed Divorce petition in O.P. No.2132 of 2017
on the ground of cruelty. The Revision Petitioner later came to know
that the Respondent's first Marriage with Ms. R. Janaki was subsisting at
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C.R.P.Sr.No.13337 of 2021
the time of the second marriage. This fact was fraudulently suppressed by
the Respondent. The Respondent had married Revision Petitioner
without obtaining decree of Divorce of his previous marriage from the
competent Court. Thereupon the Revision Petitioner seeking nullity of
second marriage on 24.04.2002 had now filed O.P. No.718 of 2021
pending on the file of the VI Additional Family Court. When the second
marriage itself is void, the respondent's maintenance petition in I.A.
No.123 of 2018 under Section 24 of the Hindu Marriage Act is not
maintainable in Law. In the fact situation, this Revision Petition is
maintainable under Article 227 of te Constitution of India. On support of
his contentions, the following citations have been referred to for the
observations of this Court:
(i). 2016(i) 4 LW 253, (ii) 2012(3) MWN (Civil) 720 and (iii)
2020 SCC online BOM 3925.
3. It has been further submitted that it is well settled that
when a marriage was null and void, the application for maintenance was
liable to be set aside for which the Judgment reported in
MANU/SC/0327/2019 (v) 2020(ii) SCC 253 has been referred herein.
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C.R.P.Sr.No.13337 of 2021
The Second Marriage of the Revision Petitioner with the respondent was
non-est in the eye of Law. Therefore the Revision under Article 227 of
the Constitution of India can very well be invoked to keep the Family
Court within the bounds of Law. Hence this CRP is maintainable.
4. Heard, the learned counsel for the petitioner and perused
the material available on record.
5. Obviously, while an order with regard to maintenance was
passed under Section 24 of the Hindu Marriage Act, it is appealable
under Section 19 of Family Court Act. Hence, the Civil Revision
Petition filed by the petitioner is not maintainable if there is a remedy by
way of appeal under Section 19 of Family Court to assail the
maintenance order passed under Section 24 of Hindu Marriage Act. In
view of the same, this Civil Revision petition is clearly not maintainable
under Article 227 of the Constitution of India. Therefore this Civil
Revision Petition is rejected as not maintainable. There shall be no order
as to costs. Consequently, connected miscellaneous petition is closed if
any.
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C.R.P.Sr.No.13337 of 2021
6. The petitioner is directed to file an appeal before the appropriate
Court.
04.03.2021
Lbm
Index: Yes/No.
Speaking/Non-Speaking order
Internet: Yes/No.
To:
The VI Additional Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P.Sr.No.13337 of 2021
V. BHAVANI SUBBAROYAN, J.,
lbm
C.R.P.Sr. No.13337 of 2021
04.03.2021
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