C.P.S.Charumathy vs K.S.Vimaleswaran
2022 Latest Caselaw 8690 Mad

                                                                                  CRP.(PD)No.1438/2022


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 25.04.2022

                                                          CORAM:

                                             Mr. JUSTICE N.SESHASAYEE

                                                C.R.P.(PD)No.1438 of 2022
                                                and C.M.P.No.7442 of 2022


                  C.P.S.Charumathy,
                  D/o.C.P.Sathyanarayanan                                          ... Petitioner

                                                             Vs.

                  K.S.Vimaleswaran
                  S/o.K.S.Santhanakrishnan                                        ...Respondent



                  PRAYER: The Civil Revision Petition is filed under Article 227 of the
                  Constitution of India, to set aside the docket order passed in E.P.No.13 of
                  2022 on the file of the Principal Family Court, Chennai, dated 05.04.2022.



                                   For Petitioner :     T.C.S.Raja Chockalingam

                                   For Respondent : Mrs.Sudha Ramalingam for Caveator




                  Page 1 of 4




https://www.mhc.tn.gov.in/judis
                                                                                     CRP.(PD)No.1438/2022


                                                     ORDER

The revision petitioner herein is the wife of the respondent, in which she had

obtained an order of interim alimony. To enforce the said order she had taken

out E.P.No.13 of 2022. The respondent was also arrested and brought before

the Court. The learned Family Court Judge then perused the entire papers to

find that the respondent was arrested without even a warrant issued by the

Court. Therefore, it let the respondent go. Upto this point, the learned Family

Court Judge cannot be found fault with. What he does thereafter is, after

recording whatever that this Court has stated above, he proceeded to close the

E.P. It is this part of the order that is now in challenge in this Revision.

2.Heard both sides.

3.While this Court appreciates the Family Court Judge for being cautious

when the respondent was brought before the Court and took the pain to

peruse the papers to realise that he was before the Court without the warrant

of the Court. However, after letting the respondent go on the day that he was

brought before the Court by the bailiffs, he ought to have kept alive the

https://www.mhc.tn.gov.in/judis CRP.(PD)No.1438/2022

Execution Petition and heard the respondent, if he desires to be heard and

then ought to have proceeded with the Execution Petition.

4.The order of the Family Court therefore necessarily requires an intervention.

Accordingly, this Court sets aside only that portion of the order of the Family

Court dated 05.04.2022, in which it closes the Execuiton Petition. To clarify,

this Court does not interfere with the order of letting the respondent go since

his arrest was without a warrant of the Court but only deals with the order

closing the Execution Petition.

5.Since both sides are before the Court, this Court directs the learned Family

Court Judge to revive the Execution Petition and post the matter before it on

04.05.2022. The Family Court itself believes that the respondent /Judgment

debtor ought to have been issued notice. Since the respondent had appeared

before the Court, this is adequate enough notice to the respondent. The

respondent is now required to file his counter, if any, and if he is desirous of

N.SESHASAYEE, J.,

https://www.mhc.tn.gov.in/judis CRP.(PD)No.1438/2022

kas/dk

contesting the Execution Petition on 04.05.2022. The Execution Court is now

required to dispose of the same as early as possible.

6.With the above direction, the Civil Revision Petition is disposed of at the

admission stage itself. Consequently, the connected miscellaneous petition is

closed. No costs.

25.04.2022 Index : Yes/No Speaking Order/Non Speaking Order

kas/dk

Note: The Registry is director to issue order copy today

To

The Principal Family Court, Chennai.

C.R.P.(PD)No.1438 of 2022 and C.M.P.No.7442 of 2022

https://www.mhc.tn.gov.in/judis