K MALATHI Vs. S RAJASEKARAN

JUDGEMENT

(1.) Aggrieved by the order of the Principal Judge, Family Court, Chennai dated 08.11.2002 made in I.A.No.2388 of 2002 in O.P.No.126 of 1999, dispensing with the presence of the respondent herein till the final disposal of O.P.No.126 of 1999, the petitioner - wife has filed the above revision under Article 227 of the Constitution of India.

(2.) Heard, Mr. R. Sundarrajan, learned counsel for the petitioner and Mr. B. Thanikachalam, learned counsel for the respondent.

(3.) The grievance of the petitioner - wife is that the Family Court has passed an order immediately on receipt of the petition from her husband even without ordering notice. The husband had filed O.P.No.126 of 1999, for divorce against the petitioner herein - wife on the ground of cruelty. It is stated that the husband examined himself as P.W.1 and while his cross examination was in progress, he filed a petition in I.A.No.2388 of 2002, stating that he is going abroad, therefore his presence may be dispensed with. By the impugned order, the Family Court allowed his application and dispensed with his personal appearance. In the meanwhile, the petitioner - wife has filed an application to dismiss the main O.P., for non prosecution, since her husband is not attending the Court. She also filed another application for maintenance of her minor daughter. It is also the grievance of the petitioner that the Family Court has not taken up those applications. As per the Family Courts Act and Rules made thereunder, the personal appearance of the parties cannot be dispensed with, particularly at the time of enquiry.