Madras High Court
R.Radhika vs G.Ramesh Babu on 29 October, 2021
C.R.P.(P.D).No.920 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :29.10.2021
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P.(P.D) No.920 of 2020
and C.M.P.No.4869 of 2020
R.Radhika ...Petitioner
Vs.
G.Ramesh Babu ...Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order passed in
I.A.No.1 of 2019 in O.P.No.3980 of 2019 dated 11.02.2020 on the file of the
Hon'ble Principal Judge Family Court, Chennai by allowing the Civil
Revision Petition.
For Petitioner : Mr.M.Vijayakumar
For Respondent : Mr.J.Saravanavel
ORDER
This Civil Revision Petition is filed challenging the order passed in
I.A.No.1 of 2019 in O.P.No.3980 of 2019 on 11.02.2020 by the learned
Principal Judge, Family Court, Chennai.
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C.R.P.(P.D).No.920 of 2020
2.Before considering the relief's claimed and order passed in
I.A.No.1 of 2019, it is necessary to appraise the facts leading to filing of this
petition. I.A.No.1 of 2019 was filed by petitioner herein to eschew the counter
claim filed by her in H.M.O.P.No.3980 of 2019 (H.M.O.P.No.254 of 2013)
accepting the fresh counter. H.M.O.P.No.3980 of 2019 was originally filed
before the Subordinate Court, Tambaram as H.M.O.P.No.254 of 2013 by the
respondent against the petitioner under Section 13(1) (1-A) of Hindu
Marriages Act. In this petition, petitioner filed counter refuting the allegations
made in the divorce petition and made a counter claim. The prayer in the
counter is that,
“It is therefore prayed that this Hon'ble Court may be pleased to
grant a judgment and decree,
i)dismissing the H.M.O.P.No.254 of 2013,
ii)granting divorce to the respondent by allowing this counter claim
under the grounds of cruelty,
iii)directing the petitioner to pay Rs.1,00,00,000 (One Crore)
towards permanent alimony to the respondent and
iv)to pass any other order as this Hon'ble Court may deem fit and
proper”.
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C.R.P.(P.D).No.920 of 2020
3.Then petitioner filed I.A.No.13 of 2019 for amending the counter
especially for deleting paragraph No.18 and its entire prayer. This petition was
opposed by the respondent. On considering the rival submissions, the learned
Subordinate Judge, Tambaram, dismissed the amendment petition filed by the
petitioner. Challenging the dismissal amendment petition, petitioner filed
C.R.P.(P.D).No. 545 of 2019. C.R.P.(P.D).No. 545 of 2019 was allowed giving
permission to delete paragraph No.18 with its prayer and a direction was given
for disposing the H.M.O.P.No.254 of 2013 within a period of two months
from the date of receipt of a copy of this order to the learned Subordinate
Judge, Tambaram. After disposal of C.R.P.(P.D).No. 545 of 2019, petitioner
filed transfer C.M.P.No.170 of 2019 for transferring H.M.O.P.No.254 of 2013
from the Sub-Court, Tambaram, to the Family Court, Chennai. This petition
was allowed and H.M.O.P.No.254 of 2013 was transferred to the file of
learned Principal Judge, Family Court, chennai and re-numbered as
H.M.O.P.No.3980 of 2019.
4.Thereafter, petitioner filed H.M.O.P.No.3490 of 2019 under
Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights.
Respondent filed counter in this petition. Then, petitioner filed I.A.No.1 of
https://www.mhc.tn.gov.in/judis
C.R.P.(P.D).No.920 of 2020
2019 in H.M.O.P.No.3980 of 2019 under Section 151 of C.P.C., to eschew the
counter claim made by the petitioner and accept the fresh counter in
H.M.O.P.No.3980 of 2019. This petition was strongly opposed by the
respondent. After considering the rival submissions, the learned Principal
Judge, Family Court, Chennai has dismissed the petition. Against the said
dismissal order, this Civil Revision Petition is preferred.
5.The learned counsel for the petitioner submitted that the counter in
H.M.O.P.No.3980 of 2019 was filed when the petitioner was in a disturbed
mood. Therefore, certain allegations were made against the respondent. The
petitioner's primary object now is to return to the matrimonial home and start a
fresh life with respondent. There is a daughter and, atleast for her sake,
petitioner wants to live with the respondent. To show her bonafide, she also
filed petition for restitution of conjugal rights. If the allegations made in the
counter are allowed to stay it would be a hindrance for resuming the
matrimonial life with the respondent. Therefore, this petition was filed. Without
considering the merits of the petitioner's claim, the learned Principal Judge,
Family Court, Chennai, dismissed the petition. Thus, she prayed for setting
aside the order of the learned Principal Judge, Family Court, Chennai and for
allowing this Civil Revision Petition.
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C.R.P.(P.D).No.920 of 2020
6.In response, the learned counsel for the respondent submitted that
in I.A.No.13 of 2019, petitioner's prayer was only to delete paragraph No.18
and its entire prayer. Though that prayer was not favourably considered by the
learned Subordinate Judge, Tambaram, in Revision, this Court permitted the
petitioner to delete paragraph No.18 as prayed by her. Respondent's evidence
in divorce petition was already over and when the case was posted for
examining the witnesses on the side of the petitioner, this petition is filed. If
this petition is allowed it would change the entire nature and course of the
proceedings. It was specifically directed in transfer C.M.P.No.170 of 2019 that
the proceedings should be continued from the stage where it was left when the
matter was pending on the file of the learned Subordinate Judge, Tambaram.
7.It is submitted by the learned counsel for the petitioner that the
petitioner filed a petition to recall PW1 and that petition was allowed. The
learned counsel for the respondent by saying that the recall petition was
allowed on respondent saying no objection for this petition. Even after
allowing this petition, the petitioner has not chosen to give evidence.
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C.R.P.(P.D).No.920 of 2020
8.Be that as it may. The nature of the facts and circumstances of the
case shows that in the divorce petition filed by the respondent, petitioner had
filed detailed counter refuting the allegations and also made a counter claim for
divorce. Subsequently, she withdrew the counter claim by filing the application
for deleting paragraph No.18 and the prayer. She had also filed a petition for
restitution of conjugal rights and transfer petition for transferring the case from
the learned Subordinate Judge, Tambaram to Family Court, Chennai. The
position now is that on the basis of the pleadings already available, the
respondent had given evidence and the evidence of respondent is over. We
cannot now set the clock back by permitting the petitioner to file a fresh
counter making fresh allegations. It would change the entire nature and course
of the proceedings and the trial so far conducted. If the petitioner really wants
to resume matrimonial life with the respondent, she can explore the possibility
of settlement by resorting to mediation or lok adalat. But at this stage, after
recording of evidence extensively and when the case is pending from the year
2013, this Court cannot permit the petitioner to file a fresh counter in
H.M.O.P.No.3980 of 2019. The learned Principal Judge, Family Court,
Chennai has considered all these aspects and on the right perspective dismissed
the petition. This Court finds there is no reason to interfere with the order dated
https://www.mhc.tn.gov.in/judis
C.R.P.(P.D).No.920 of 2020
11.02.2020, in I.A.No.1 of 2019 in O.P.No.3980 of 2019 passed by the
learned Principal Judge, Family Court, Chennai and the order is confirmed.
9.Resultantly, this Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition stands closed.
ep 29.10.2021
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
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C.R.P.(P.D).No.920 of 2020
To
1.The Principal Judge,
Family Court,
Chennai
2.The Section Officer,
VR Section,
High Court of Madras.
https://www.mhc.tn.gov.in/judis
C.R.P.(P.D).No.920 of 2020
G.CHANDRASEKHARAN.J,
ep
C.R.P.(P.D) No.920 of 2020
and C.M.P.No.4869 of 2020
29.10.2021
https://www.mhc.tn.gov.in/judis
