SRINIVASAN ALIAS BALAJI Vs. JAYALAKSHMI ALIAS VIDYA

JUDGEMENT

(1.) WHAT is challenged herein is an order of the learned Principal Judge, Family Court, Madras returning an Original Petition for noncompliance of certain defects, which were originally pointed out therein.

(2.) FROM the available materials, it could be seen that the petitioner herein filed an Original Petition for annulment of his marriage with the respondent herein, which took place on 7.7.1995 by a decree of nullity and void. After presentation of the said petition, it was returned on number of occasions. At one stage, it was returned stating that a specific paragraph in respect of cause of action was not stated therein, and hence, it could not be taken on file. An endorsement was made by the learned counsel for the petitioner in the said petition that the same was not necessary. Under such circumstances, the matter was placed before the Principal Judge of Family Court, and the learned counsel for the petitioner was also heard. The Principal Judge, by an elaborate order, has found that it was very necessary and essential to make mention of the cause of action by way of a separate paragraph and returned the original petition for compliance. The return of the said petition by the Principal Judge of Family Court has culminated in this revision.

(3.) IN the result, with the above direction, this civil revision petition is allowed, setting aside the order of the court below. There shall be no order as to the costs.