Madras High Court
Dean Jude Joseph Menezes vs Kimberlene Merissa Correya on 29 April, 2022
C.R.P.(PD) 1584 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022
CORAM : JUSTICE N.SESHASAYEE
C.R.P.(PD) 1584 of 2022
Dean Jude Joseph Menezes .... Petitioner
Vs.
Kimberlene Merissa Correya ... Respondent
Prayer : Civil Revision Petitions filed under Article 227 of Constitution of
India, praying to allow this civil revision petition and dispense with the
personal appearance of the petitioner on 06.06.2022 in O.P.No.858 of 2022
dated 21.04.2022 on the file of the learned II Additional Family Court at
Chennai.
For Petitioner : Mr.Jeremiah Gregory John
ORDER
The respondent herein is the wife of the revision petitioner, and she has laid
O.P.No.858 of 2022 before the II Additional Family Court, Chennai. The
Court has ordered notice to the revision petitioner, and has directed him to
appear before the Court on 06.06.2022.
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C.R.P.(PD) 1584 of 2022
2. This revision is filed by the husband/revision petitioner seeking a
direction to the Family Court to dispense with his personal appearance on
06.06.2022, on the ground that he would be abroad as per his pre-scheduled
programme.
3. The learned counsel for the revision petitioner submitted that this
petition is filed essentially because, the advocates cannot participate as of
right before the Family Court, and if the revision petitioner also does not
appear owing to his pre-scheduled programme, then there is a risk of he
being set exparte by the Family Court.
4. This Court appreciates the difficulties experienced by the revision
petitioner. Nobody lives in this country, can schedule their certain travel
programme or undertake certain commitments in anticipation of a
litigation, and more particularly, anticipation of notice to appear before the
Court on a certain date. While the citizen may have to submit himself to
judicial process, it is also important to realise that the judicial process
cannot ignore life's experience of a citizen, nor the Court can experience
discretionary attitude.
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C.R.P.(PD) 1584 of 2022
5. Necessarily this Court has to consider the request of the revision
petitioner with lot of pragmatism, and also with some sympathy. Since it
may be his first appearance before the Family Court, the first occasion can
be dispensed with. If however, the Family Court requires his presence,
then it can be achieved by Video Conferencing, after all it is only going to
be the first posting of the case, and no serious business is likely to take
place on that date. While this Court is conscious of the judgment in
Santhini Vs. Vijaya Venketesh [(2018) 1 SCC 1], this Court also needs to
take into account that the pandemic days of COVID-19 literally
revolutionised the Courts hearing through Video Conferencing, and given
the fact that this is one off request by the revision petitioner from seeking
the leave of this Court to absent himself on the first occasion, necessarily it
has to be acceded to.
6. In view of the above, this revision petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
29.04.2022
Index : Yes / No
Speaking order / Non-speaking order
ds
https://www.mhc.tn.gov.in/judis
C.R.P.(PD) 1584 of 2022
N.SESHASAYEE.J.,
ds
To:
The Judge,
II Additional Family Court
Chennai.
C.R.P.(PD) 1584 of 2022
29.04.2022
https://www.mhc.tn.gov.in/judis
