EMMANUEL KANNAN Vs. NONE

JUDGEMENT

(1.) The Civil Revision Petition has been filed, questioning the Docket order dtd. 21/9/2022 passed in OP.Sr.No.6669/2022 on the file of the Principal District and Sessions Court, Chengalpattu and consequently direct the said Court to number the OP.SR.No.6669 of 2022 filed for mutual divorce between the petitioners.

(2.) The petitioners are husband and wife, jointly presented a mutual divorce petition under Sec. 10A of the Divorce Act, 1869. The Principal District Court, Chengalpattu, returned the divorce petition on the ground that the first petitioner/husband is residing at Secunderabad, Telangana and therefore, the Principal District Court at Chengalpattu has no jurisdiction to entertain the mutual divorce petition filed under Sec. 10A of the Divorce Act, 1869.

(3.) Perusal of the mutual divorce petition filed by the petitioners reveal that the marriage between them was solemnized on 11/10/2013 at All Saints Church, Trimulgherry, Secunderabad as per the Christian Rites and Customs. A male child born from and out of the wedlock on 7/7/2014 and now with the custody of the second petitioner/mother. It is contended that both the petitioners are living separately for more than 2 years and they are not interested in continuing the matrimonial relationship and had taken a decision to apply mutual divorce petition under Sec. 10A of the Divorce Act, 1869.