Madras High Court
Hemalatha vs N.Rajasekar on 28 June, 2023
C.M.A.No.1827 of 2021
& C.R.P.No.3028 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
AND
THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY
C.M.A.No.1827 of 2021
& C.M.P.Nos.9818 & 17687 of 2021
and
C.R.P.No.3028 of 2022
& C.M.P.No.16342 of 2022
C.M.A.No.1827 of 2021
Hemalatha ... Appellant
Vs.
N.Rajasekar ..Respondent
Civil Miscellaneous Appeal filed under Section 19 of the Family
Courts Act, 1984 against the judgment and decree passed by the leaned
Family Court, Vellore, Vellore District in F.C.O.P.No.181/2019 by order
dated 17.04.2021.
For Appellant : Mr.E.Kannadasan
For Respondent : Mr.R.Mohandoss
https://www.mhc.tn.gov.in/judis
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C.M.A.No.1827 of 2021
& C.R.P.No.3028 of 2022
C.R.P.No.3028 of 2022
C.Hemalatha ..Petitioner
vs.
N.Rajasekar ..Respondent
Civil Revision Petition filed under Article 227 of the constitution of
India. Against the fair and decretal order passed by the learned Principal
District Judge, Vellore,Vellore District in I.A.No.1/2022 in
G.W.O.P.No.82/2021 by order dated 08.07.2022.
For Petitioner : Mr.R.Vasudevan
For Respondent : Mr.R.Mohandoss
COMMON JUDGENT
1. (i) The C.M.A.No.1827/2021 is filed against the judgment and
decree of the learned Family Court, Vellore in F.C.O.P.No.181/2009,
whereby granting divorce on the petition filed by the husband on the
ground of cruelty.
(ii) C.R.P.No.3028 of 2022 is filed as against the order in
I.A.No.1/2022 whereby the Interlocutory Application was allowed on
condition, for recall of the respondent/wife for cross examination on
payment on costs of Rs.5,000/-. Since both the matters are between the
same parties, both are taken up together.
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C.M.A.No.1827 of 2021
& C.R.P.No.3028 of 2022
2. At the outset, before proceeding to hear the parties on merits,
this Court directed both the parties to be present and interacted with the
parties. After interaction, on the question of rejoining, there was no
willingness on the part of both the parties. In that background, we have
posted the matter before the open court again, for arguments.
3. Heard the submissions made by the learned counsel on both
sides.
4. The primary concern of the respondent/wife, who is the
appellant, is that without co-operating for the guardianship application
and maintenance petition filed by her in M.C.No.72/2014 which is also
pending, only the divorce petition alone was conducted by the husband
and therefore, she would pray that even if any further opportunity is
granted, both the Guardianship O.P. and the Maintenance Application
has to be taken up on an early date and dispose of on merits and the
respondent /husband should co-operate for the same.
5. Learned counsel for the respondent/husband submitted that if
the matter is remanded back in respect of the custody and maintenance,
the husband will co-operate and he is ready to conduct the case on merits
at the early date.
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C.M.A.No.1827 of 2021
& C.R.P.No.3028 of 2022
6. In that view of the matter, both C.R.P and C.M.A are disposed
of on the following terms.
(i) C.M.A.No.1827/2021 is dismissed and the order passed by the
learned Family Court, Vellore, dated 17.04.2021 in
F.C.O.P.No.181/2019 shall stand confirmed.
(ii) C.R.P(PD)No.3028/2022 is allowed in as much as the costs
portion is concerned, however, with the following directions.
a) On the next date of hearing to be fixed by the trial
Court (Principal District Judge, Vellore), the petitioner/wife
and the respondent/husband will be present in court for
cross examination and the wife will cross examine the
husband on the same day. The respondent/husband shall
appear even without payment of costs.
b) The Principal District Judge, Vellore, is directed to
take up the matter as expeditiously as possible and dispose
of the G.W.O.P.No.82/2021, in any event, not later than six
months from the date of receipt of a copy of this order.
c) It is also stated that M.C.No.72/2021 is still
pending on the file of the Family Court, Vellore. Therefore,
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C.M.A.No.1827 of 2021
& C.R.P.No.3028 of 2022
a direction is given to the learned Family Court, Vellore, to
take up the said maintenance petition also and dispose of
the same on merits, in any event, not later than six months
from the date of receipt of a copy of this order.
There shall be no order as to costs. Consequently, connected
miscellaneous petitions are closed.
(J.N.B,J.) (D.B.C, J.)
Index : Yes / No 28.06.2023
Internet : Yes
vsi
To
1. The Principal District Judge, Vellore.
2. The Family Court, Vellore
J. NISHA BANU, J.
and
D.BHARATHA CHAKRAVARTHY,J.
https://www.mhc.tn.gov.in/judis
Page 5/6
C.M.A.No.1827 of 2021
& C.R.P.No.3028 of 2022
vsi
C.M.A.No.1827 of 2021
and
C.R.P.No.3028 of 2022
28.06.2023
https://www.mhc.tn.gov.in/judis
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