G SANKARA VADIVOO Vs. S PALAVANNAM

JUDGEMENT

(1.) The petitioner is the wife of the respondent. The respondent has filed HMOP No. 500 of 2012 on the file of the learned Subordinate Judge, Tambaram, under Section 13(1)(ia) of The Hindu Marriage Act, 1955, (Act No. 25 of 1955) (hereinafter will be referred to as "the Act"), seeking divorce. The petitioner has now come up with this petition, under Article 227 of the Constitution of India, seeking to quash the entire proceedings, alleging that the said HMOP is a clear abuse of process of Court. This Civil Revision Petition has come up today for admission. I have heard the learned counsel for the petitioner and I have also perused the records carefully.

(2.) The facts leading to this revision are as follows:-

(3.) Subsequently, it appears that they lived together for some more time. Again, the respondent herein filed yet another case for divorce in HMOP No. 524 of 2012 before the Principal Family Court, Chennai, under Section 13 (1) (ia) of the Act. According to the petitioner herein, the said HMOP was filed on the very same set of allegations made earlier in HMOP No. 1359 of 2011. When HMOP No. 524 of 2012 came up for hearing before the Principal Family Court at Chennai, on 25.05.2012, again a joint endorsement was made by both the parties, not pressing the petition as they wanted to live jointly. Recording the said joint endorsement, the Principal Family Court, Chennai, dismissed the said petition as not pressed by passing the following order:-