Madras High Court
B.M.Gopi Krishna vs Deepika Mai on 5 June, 2023
C.R.P.(MD) No.2168 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2023
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
C.R.P.(MD) No.2168 of 2022
and
C.M.P.(MD) No.10054 of 2022
B.M.Gopi Krishna ... Petitioner
Vs.
Deepika mai ... Respondent
Civil Revision Petition filed under Article 227 of the Constitution
of India, to set aside the Judgment and Decree passed in I.A.No.102 of
2022 in H.M.O.P.No.836 of 2021 dated 02.09.2022 on the file of the
Family Court, Madurai.
For Petitioner : M/s.K.R.Shivashankari
For Respondent : Mr.R.Gowrishankar
******
ORDER
This Civil Revision Petition has been filed to set aside the Judgment
and Decree dated 02.09.2022 passed by the Family Court, Madurai in
I.A.No.102 of 2022 in H.M.O.P.No.836 of 2021.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.2168 of 2022
2. By the impugned order dated 02.09.2022, the Family Court,
Madurai has dismissed I.A.No.102 of 2022 filed by the petitioner. I.A.No.
102 of 2022 was filed by the petitioner under Section 11 of Code of Civil
Procedure, 1908 to dismiss H.M.O.P.No.836 of 2021. H.M.O.P.No.836 of
2021 was filed by the respondent under Section 13(1)(i-a) of the Hindu
Marriage Act, 1955 to dissolve the marriage solemnized on 12.12.2013
between the petitioner and the respondent, on the ground of cruelty.
3. The learned counsel for the petitioner submits that the marriage
that was solemnized between the petitioner and the respondent on
12.12.2013 had already been declared as a nullity vide fair and decreetal
order dated 21.05.2014 passed in H.M.O.P.No.90 of 2014 filed by the
petitioner under Section 12(1)(a) of the Hindu Marriage Act, 1955.
4. It is submitted that the Family Court has committed a grave error
while dismissing the I.A.No.102 of 2022 filed by the petitioner under
Section 11 of the Code of Civil Procedure as the subsequent
H.M.O.P.No.836 of 2021 filed by the respondent was clearly barred under
law.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.2168 of 2022
5. Per contra, the learned counsel for the respondent submits that
the petitioner has obtained the Decree in H.M.O.P.No.90 of 2014 by
misleading the facts and that even though after the Decree that came to be
passed on 21.05.2014 in H.M.O.P.No.90 of 2014, the petitioner took the
respondent to U.S., lived with the respondent and introduced her to the
society and his friends as his wife. It is submitted that therefore, the
respondent is independently entitled to initiate a proceedings to dissolve
the marriage solemnized between the petitioner and the respondent on
12.12.2013.
6. I have considered the arguments advanced by the learned counsel
for the petitioner and the learned counsel for the respondent.
7. H.M.O.P.No.836 of 2021 filed by the respondent under Section
13(1)(i-a) of the Hindu Marriage Act, 1955 to dissolve the marriage
solemnized between the petitioner and the respondent on 12.12.2013
cannot be countenanced in the light of the earlier Decree passed on
21.05.2014 in H.M.O.P.No.90 of 2014. The decision of the Family Court
is therefore unsustainable. It is liable to be interfered with. Therefore, the
impugned order dated 02.09.2022 in I.A.No.102 of 2022 in H.M.O.P.No.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.2168 of 2022
836 of 2021 is set aside. Consequently, I.A.No.102 of 2022 filed under
Section 11 of the Code of Civil Procedure, 1908 deserves to be allowed.
8. The observations contained in this order shall be without
prejudice to the rights of the respondent to exercise rights, if any, out the
alleged declaration made by the petitioner before the officials and
statutory bodies in India and abroad.
9. This present Civil Revision Petition is accordingly allowed. No
costs. Consequently, connected Miscellaneous Petition is closed.
05.06.2023
NCC : Yes/No
Internet: Yes/No
Index: Yes/ No
jen
To
The Family Court, Madurai.
_____________
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.2168 of 2022
C.SARAVANAN, J.
jen
C.R.P.(MD) No.2168 of 2022
and C.M.P.(MD) No.10054 of 2022
05.06.2023
_____________
https://www.mhc.tn.gov.in/judis
