Madras High Court
V.Gopinath vs Dharani on 11 January, 2023
C.R.P.No.3530 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2023
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.No.3530 of 2017
and C.M.P.No.16335 of 2017
V.Gopinath ... Petitioner
Vs
1. Dharani
2. Minor. Priyadarshini
represented by Mother/Next Friend Dharani ... Respondents
Prayer:- Civil Revision Petition is filed under Section 115 of CPC, to set
aside the Judgment and decree dated 13.06.2017 passed in I.A.No.64 of
2016 in O.S.No.34 of 2008 on the file of the Principal District and Sessions
Court, Tiruvannamalai.
For Petitioner : Mr.R.Sreedhar
For R1 and R2 : Mr.D.Balachandran
ORDER
This Civil Revision Petition has been filed to set aside the
Judgment and decree dated 13.06.2017 passed in I.A.No.64 of 2016 in
O.S.No.34 of 2008 on the file of the Principal District and Sessions Court,
https://www.mhc.tn.gov.in/judis
C.R.P.No.3530 of 2017
Tiruvannamalai, thereby, dismissing the petition to condone the delay in
filing the petition to set aside the exparte decree, due to the non compliance
of the order passed by the Court below dated 25.04.2017, i.e, the condition
to deposit ¼th of the arrears of maintenance, on or before 12.06.2017.
2. The petitioner is the husband of the first respondent. The
petitioner and the first respondent got married and gave birth to the second
respondent. Thereafter, due to misunderstanding between them, they got
separated and as such the first respondent could not able to maintain herself
and the second respondent and as such, filed a suit for maintenance in
O.S.No.34 of 2008. After receipt of the suit summons, the petitioner failed
to appear before the Trial Court and as such he was set exparte and an
exparte decree was also passed by the Judgment and Decree dated
06.08.2009, thereby ordered monthly maintenance of Rs.12,000/- in favour
of the first respondent and Rs.8,000/- in favour of the second respondent.
Thereafter, the first respondent herein filed a divorce petition in
H.M.O.P.No.25 of 2009 and the same was decreed by the decree dated
https://www.mhc.tn.gov.in/judis
C.R.P.No.3530 of 2017
19.08.2009.
3. Thereafter, the petitioner filed a petition to set aside the exparte
decree with a condone delay petition to condone the delay of 2410 days in
filing the petition to set aside the exparte decree. The said petition was
dismissed by an order dated 13.06.2017, due to the non compliance of the
order passed by the Court below dated 25.04.2017, i.e, the condition to
deposit ¼th of the arrears of maintenance, on or before 12.06.2017.
Aggrieved by the same, this revision.
4. This Court while admitting this Civil Revision Petition granted
an interim stay, on condition that the petitioner shall deposit ¼th share of the
maintenance awarded by the Trial Court to the credit of O.S.No.34 of 2008.
Accordingly, the petitioner had complied with the condition and
subsequently, the respondents were also permitted to withdraw the same.
https://www.mhc.tn.gov.in/judis
C.R.P.No.3530 of 2017
5. Considering the above facts and circumstances, the condition
imposed by the Trial Court has been complied with. Therefore, the Trial
Court is directed to pass orders by setting aside the exparte decree and
proceed with the Trial and complete the trial, within a period of six months
from the date of receipt of a copy of this order.
6. With the above directions, this Civil Revision Petition stands
disposed of. Consequently, connected Miscellaneous petition is closed. No
costs.
11.01.2023
mn
Index:Yes/No
Internet:Yes/No
Speaking Order: Yes/No
To
The Principal District and Sessions Court, Tiruvannamalai.
G.K.ILANTHIRAIYAN.J,
https://www.mhc.tn.gov.in/judis
C.R.P.No.3530 of 2017
mn
C.R.P.No.3530 of 2017
and C.M.P.No.16335 of 2017
11.01.2023
https://www.mhc.tn.gov.in/judis
