[Cites 1, Cited by 0]
Madras High Court
Vithya vs Lakshminarayanan on 6 March, 2026
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRP No. 1367 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
CRP No. 1367 of 2026
&
CMP NO. 6642 OF 2026
Vithya,
W/o.Lakshminarayanan,
No.13/1, K.P.R.Layout,
Siganallur,
Coimbatore District -641 005.
..Petitioner(s)
Vs
Lakshminarayanan,
S/o.Haridhass,
No.190, Addis Street,
Grey Town,
Coimbatore District -641 018.
..Respondent(s)
PRAYER: Civil Revision Petition filed under Art.227 of Constitution of India
praying to set aside the docket order dated on 09.09.2025 made in I.A.No.1 of
2025 in H.M.O.P.No.1613 of 2021 on the file of the Principal Family Court at
Coimbatore and by allowing the above Civil Revision Petition and pass such
further or other orders as this Honble Court may deem fit and proper in the
circumstances of the case and thus render justice.
For Petitioner : Mr. V.Chinnasamy
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CRP No. 1367 of 2026
ORDER
Challenging the docket order passed by the trial Court in I.A.No.1 of
2025 in HMOP.No.1613 of 2021, dismissing the petition praying to re-open the
evidence of PW1 for further cross examination, the present Civil Revision
Petition is filed by the petitioner/wife.
2. Learned counsel for the petitioner/wife submitted that before the trial
court, the petitioner has filed I.A.No.1 of 2025 in HMOP.No.1613 of 2021 to
re-open the evidence of PW1 for further cross examination. The petitioner
has cross examined PW1/husband and the case was posted to 04.03.2025 for
continuation of cross examination, however on 04.03.2025, since her counsel
was held up in High Court, Chennai, she was unable to cross examine PW1 on
that day. The trial Court closed the evidence of PW1’s cross examination and
posted the matter to 15.03.2025 for the evidence of respondent. On 20.08.2025,
the court has allowed the petition with the cost of payment of Rs.11,000/- to the
Coimbatore District Advocates’ Welfare Fund Scheme on or before 09.09.2025,
failing which, the petition shall stand dismissed automatically. On 09.09.2025,
since the petitioner has not complied with the conditional order passed by the
trial court, I.A.No.1 of 2025 was dismissed.
3. The trial court without considering the fact that the petitioner was
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depending upon her aged parents and she has no source of income, imposed
heavy cost of Rs.11,000/- to reopen the application made by the petitioner for
re-cross examination. The non compliance of the conditional order passed by
the trial court is neither wilful nor wanton, but only due to the financial
constraint faced by the petitioner He further submitted that the impugned order
passed by the trial court would result in denying appropriate opportunity of
defending the case of the petitioner, but at the same time, no prejudice would
be caused to the respondent/husband. Hence, he prayed to set aside the docket
order dated 09.09.2025 and to allow the Civil Revision Petition.
4. On perusal of impugned order, it reveals that the learned trial Judge has
noted down that on 09.09.2025, petitioner has appeared before the trial court
in the morning session, but had not appeared afterwards and not complied with
the conditional order. As the petitioner has not complied with the conditional
order, the trial Judge dismissed her petition seeking to re-open the evidence of
PW1 for further cross examination.
5. Considering the fact that the petitioner is depending upon her aged
parents and she has no source of income, she is not able to comply with the
conditional order passed by this Court. In the circumstances, this Court is
inclined to give one more opportunity to the petitioner to defend her case.
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6. In view of the above , this Court is inclined to set aside the order
passed by the trial court on 09.09.2025 in I.A.No.1 of 2025 in HMOP.No.1613
of 2021. Accordingly, the impugned order passed by the trial court is set aside.
The petitioner is directed to cooperate with the ongoing trial proceedings in
HMOP.No.1613 of 2021 which is pending from 2021.
7. The Civil Revision Petition is allowed on the above terms. No costs.
Consequently, the connected miscellaneous petition is closed.
06-03-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
Issue copy on 09.03.2026
msr
To
Lakshminarayanan,
S/o.Haridhass,
No.190, Addis Street,
Grey Town,
Coimbatore District -641 018.
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T.V.THAMILSELVI J.
msr
&
CMP NO. 6642 OF 2026
06-03-2026
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