R.Revathy vs S.Sakravarthi
2022 Latest Caselaw 2058 Mad

                                                                              CRP(MD)No.199 of 2022



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 08.02.2022

                                                      CORAM

                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI

                                              C.R.P(MD)No.199 of 2022


                     R.Revathy                                     ... Petitioner
                                                      Vs.

                     S.Sakravarthi                                     ... Respondent


                     PRAYER: Civil Revision Petition filed under Article 227 of the
                     Constitution of India, to set aside the last docket order dated 16.11.2021
                     in unnumbered HMOP(SR)No.6108/2021 on the file of the Sub Court,
                     Sankarankovil and allow this Civil Revision Petition.


                                    For Petitioner          :    Mr.V.Muthuvelan




                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                       CRP(MD)No.199 of 2022




                                                             ORDER

The revision petition is filed to set aside the last docket order dated

16.11.2021 in unnumbered HMOP(SR)No.6108/2021 on the file of the

Sub Court, Sankarankovil

2. The petitioner / wife filed HMOP under Section 13(I)(i-a) of the

Hindu Marriage Act, 1955 on the file of the Sub Court, Sankarankovil for

divorce. The learned Sub Judge, Sankarankovil returned the petition for

two reasons. The 1st reason is that necessary documents ought to be

filed to show that the marriage was solemnized as per Hindu rites and the

2nd reason is to state, as to whether the respondent / husband converted

himself to Hinduism as per the Judgment relayed by the petitioner or not.

Challenging the said return order, the present petition is filed.

3. Heard the learned counsel appearing for the petitioner and

perused the materials on record.

https://www.mhc.tn.gov.in/judis CRP(MD)No.199 of 2022

4. The learned Sub Judge, Sankarankovil has only pointed out the

defects in the petition filed by the petitioner and returned the same. The

learned Judge has also granted one month time to re-present the petition.

In such circumstances, the petitioner ought to have re-presented the

petition, within the time stipulated, after rectifying the defects pointed

out by the learned Judge. However, without doing so, the petitioner has

approached this Court with the present revision. Hence, this Court is

inclined to dismiss the present revision petition.

5. Accordingly, this civil revision petition is dismissed. No costs.

The docket order dated 16.11.2021 in unnumbered HMOP(SR)No.

6108/2021 on the file of the Sub Court, Sankarankovil is confirmed. The

petitioner is directed to comply with the docket order dated 16.11.2021

and re-present the divorce petition before the learned Sub Judge,

Sankarankovil.

08.02.2022

Index:Yes/No Internet:Yes/No mbi

Note: Registry is directed to return the original documents, after retaining a copy of the same.

https://www.mhc.tn.gov.in/judis CRP(MD)No.199 of 2022

S.ANANTHI, J.

mbi

To The Sub Court, Sankarankovil

C.R.P(MD)No.199 of 2022

08.02.2022

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