Mahendran vs Kavitha
2022 Latest Caselaw 18012 Mad

                                                                                 CRP(MD)No.2091 of 2022

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 02.12.2022

                                                      CORAM

                                   THE HON'BLE Mr. JUSTICE B.PUGALENDHI

                                           C.R.P(MD)No.2091 of 2022
                                    and C.M.P(MD)Nos.11111 and 11109 of 2022

                     1.Mahendran
                     2.Karupayammal
                     3.Mariyappan Yadav                          .... Petitioners/Respondents

                                                           Vs.

                     1.Kavitha
                     2.Minor Madhusri
                     3.Minor Harini                              ... Respondents/Petitioners

                     Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of
                     India to strike off the petition in D.V.Act No.23 of 2021 on the file of the
                     Judicial Magistrate Court, Rajapalayam.


                                         For Petitioners         : Mr.P.Athimoolapandian

                                         For Respondents         : Mr.D.Rajaboopathy




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https://www.mhc.tn.gov.in/judis
                                                                                 CRP(MD)No.2091 of 2022



                                                          ORDER

This Civil Revision Petition is filed to strike off the petition in

D.V.Act No.23 of 2021 on the file of the Judicial Magistrate Court,

Rajapalayam.

2. The learned counsel for the petitioner submits that the marriage

between the first petitioner and the first respondent was solemnized on

22.05.2013 and the marriage was dissolved by the judgment of the

Subordinate Court, Srivilliputhur in H.M.O.P.No.150 of 2017 on 20.12.2018

and the present D.V.C proceedings has been initiated in the year 2021 after

the grant of divorce and therefore, it is a clear case of abuse of process of

law. It is also hit by limitation.

3. In view of the judgment of the Full Bench in Arun Daniel and

others vs. Suganya [2022 SCC OnLine Mad 5435], this Court is not

inclined to entertain this Civil Revision Petition. Even a divorcee is entitled

to entertain the application. However, it is only an enquiry and therefore, the

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https://www.mhc.tn.gov.in/judis CRP(MD)No.2091 of 2022

presence of the petitioners is not required for the enquiry in D.V.C

proceedings in D.V.C.No.23 of 2021 before the Judicial Magistrate,

Rajapalayam, provided, if they are properly represented through a counsel.

4. Since the D.V.C proceedings was filed in the year 2021, the

trial court shall endeavour to complete the proceedings within a period of 4

months from the date of receipt of a copy of this order.

5. In fine, this Civil Revision Petition is dismissed. No costs.

Consequently, connected miscellaneous petitions are closed.

02.12.2022 Index : Yes/No Internet : Yes/No CM

To,

1. The Judicial Magistrate Court, Rajapalayam.

2. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis CRP(MD)No.2091 of 2022

B.PUGALENDHI, J.

CM

C.R.P(MD)No.2091 of 2022 and C.M.P(MD)Nos.11111 and 11109 of 2022

02.12.2022

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