Madras High Court
K.Priya vs A.Moovendiran on 29 September, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.09.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P(MD)No.803 of 2020
K.Priya ... Petitioner/Appellant/Appellant/
Respondent
vs.
A.Moovendiran ...Respondent/Respondent/Respondent
/Petitioner
PRAYER: Petition filed under Section 115 of the Civil Procedure Code,
to set aside the fair and decreetal order dated 28.08.2019 passed in
I.A.No.455 of 2019 in un-unmbered H.M.C.M.A.No.---of 2019 on the
file of the learned Principal District Judge, Madurai.
For Petitioner : Mr.R.Narayanan
******
ORDER
The Civil Revision Petition has been filed to set aside the fair and
decreetal order, dated 28.08.2019 in I.A.No.455 of 2019 in un-unmbered
H.M.C.M.A.No.---of 2019 passed by the learned Principal District
Judge, Madurai.
https://www.mhc.tn.gov.in/judis/
2. The respondent herein/petitioner/husband has filed a petition
against the revision petitioner herein/wife in H.M.O.P.No.404 of 2010 on
the file of the III Subordinate Court, Madurai, seeking divorce and the
same was allowed on 21.07.2017. Against the said order, the revision
petitioner has filed a interlocutory petition in I.A.No.455 of 2019 in
Un-numbered H.M.C.M.A.No.---of 2019, under Section 5 of the
Limitation Act, for condoning the delay of 504 days in filing the appeal
and the same was dismissed on 28.08.2019 by the learned Principal
District Judge, Madurai. Aggrieved over the same, the revision petition
is before this Court.
3.The learned counsel appearing for the revision petitioner
submitted that the Court below has passed the impugned order
mechanically without application of mind. He further submitted that the
First Appellate Court ought to have considered that from 04.07.2018 her
husband has not given any maintenance amount to the petitioner and she
has filed a petition to claim arrear balance maintenance amount before
the concerned Court and hence, she has not able to prepare this appeal
within time. Hence, he prayed to allow the Civil Revision Petition.
https://www.mhc.tn.gov.in/judis/
4. The records were perused and heard the oral submission of the
learned counsel appearing for the revision petitioner.
5.The reasons stated in the affidavit filed in support of the petition
in I.A.No.455 of 2019 in un-numbered H.M.C.M.A.No.--- of 2019, is
extracted hereunder:
“I submit that above H.M.O.P.No.404/2010
was decreed by the trial Court on 21.07.2017 but my
lower court advocate did not informed to me at that
time. After my advocate informed last July 2018 and
given copy of above decree and judgment. Further I
stated that from 04.07.2018 my husband has nto given
any maintenance amount to me. Further I filed
petition to arrear balance maintenance amount before
concern Court. Hence I am not able to prepare this
appeal within time. Therefore I have no other option
and now filing this appeal. Therefore there is a delay
of days in filing the above appeal. The delay is
neither willful and nor wanton. In the interest of
justice it is just and necessary to condone the delay of
days in filing the above appeal. Otherwise I will be
put to serious prejudice and irreparable loss and
hardships. There will be no prejudice to the
Respondent in condoning the delay for filing the
above appeal.”
https://www.mhc.tn.gov.in/judis/
6.The respondent/husband has also not filed any counter in the delay
condonation petition. Therefore, this Court is inclined to allow the Civil
Revision Petition on payment of Costs of Rs.1,000/-.
7. The Civil Revision Petition is allowed on payment of Costs and
the revision petitioner is directed to pay a sum of Rs.1,000/-[Rupees One
Thousand Only] on or before 25.10.2021 to the Legal Services Authority
attached to this Bench. If, the revision petitioner failed to comply with
the condition, the Civil Revision Petition automatically stands dismissed.
8. Post the matter 26.10.2021, for reporting compliance.
29.09.2021
Index : Yes/ No
Internet : Yes/No
ksa
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.
https://www.mhc.tn.gov.in/judis/
To
1) The Principal District Court, Madurai.
2) The Section Officer,
V.R.Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
S.ANANTHI, J.
ksa
C.R.P(MD)No.803 of 2020
29.09.2021
https://www.mhc.tn.gov.in/judis/
