Madras High Court
Saimeenkshi Ramu vs Ceena Thana Karuppaiya on 30 November, 2021
C.R.P.(MD) No.1887 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2021
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) No.1887 of 2021
and
C.M.P.(MD) No.10181 of 2021
Saimeenkshi Ramu ... Petitioner
vs.
Ceena Thana Karuppaiya ... Respondent
PRAYER:- This Petition is filed under Section 115 of the Code of Civil
Procedure, to set aside the order dated 05.10.2021 passed in I.A.No.3 of 2021 in
HMOP.No.34 of 2020 on the file of the Subordinate Court, Devakottai.
For Petitioner : Mr.P.L.Narayanan
ORDER
The above Civil Revision Petition is filed challenging the order passed by
the learned Subordinate Judge, Devakottai, dismissing the petition filed by the
petitioner herein to accept the counter claim filed by her under Order VIII Rule
6-A of the Code of Criminal Procedure after condoning the delay in filing the
same.
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C.R.P.(MD) No.1887 of 2021
2.Mr.P.L.Narayanan, learned counsel appearing on behalf of the petitioner
had made his submissions on the said petition and had submitted that the
respondent/husband had after the filing of the application forwarded the draft
petition for dissolving the marriage between the petitioner and the respondent
on mutual consent under Section 13-B of the Tamil Nadu Hindu Marriage Act,
1955. He would submit that the petition has been prepared by the respondent's
counsel. The matter was later passed over for the respondent's counsel to appear
virtually.
3. Mr.Vasudevan, learned counsel for the respondent appeared before this
Court and both the learned counsels agreed that the parties were not willing to
continue with the marriage and were agreeable to have the marriage dissolved.
A perusal of records would show that the parties have been living apart for
several years and the petitioner herein would also state that she has got the
marriage dissolved before the Court at Singapore. The petition for divorce filed
by the respondent/husband on the grounds of cruelty in HMOP.No.34 of 2020
on the file of the learned Subordinate Judge, Devakottai, has been reserved for
judgment. Since the parties are now agreeable to have the marriage dissolved on
mutual consent, this Court is passing the following orders:-
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C.R.P.(MD) No.1887 of 2021
i) The learned Subordinate Judge, Devakottai shall receive the petition
filed by the parties under the provisions of Section 13-B of the Tamil Nadu
Hindu Marriage Act, 1955, which shall be filed within a period of 1 week from
the date of receipt of a copy of this order.
ii) The learned Subordinate Judge, Devakottai, shall dispense with the
mandatory waiting period considering the fact that HMOP.No.34 of 2020 has
been pending for over a year.
iii) The learned Subordinate Judge, Devakottai, shall dismiss HMOP.No.
34 of 2020 as infructuous in view of the mutual consent petition that is to be
filed by the parties herein.
iv) On receiving the said petition under Section 13-B of the Tamil Nadu
Hindu Marriage Act, 1955, the learned Judge shall proceed to pass orders within
a period of 3 weeks from the date of filing of the petition.
4.With the aforesaid directions, this Civil Revision Petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
Index : Yes / No 30.11.2021
Internet : Yes / No
mm
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C.R.P.(MD) No.1887 of 2021
To
The Subordinate Judge,
Devakottai.
Note : In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned and issue order copy on
01.12.2021.
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C.R.P.(MD) No.1887 of 2021
P.T.ASHA, J.
mm
C.R.P.(MD) No.1887 of 2021
30.11.2021
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