S. RAJKANNU Vs. R. SHANMUGAPRIYA

JUDGEMENT

(1.) This revision has been directed by the first petitioner in H.M.O.P.No.260 of 2012, on the file of learned Principal Sub- Judge, Thanjavur, to scrap C.M.A.No.21 of 2013, pending on the file of learned Principal District Judge, Thanjavur.

(2.) On 01.09.2011, revision petitioner and respondent have joined in wedlock at Punnainallur Mariamman Temple, according to Hindu rites and customs. They have no issues, but have issues. They jointly filed H.M.O.P.No.260 of 2012, under Section 13-B of Hindu Marriage Act, 1955 (shortly, hereinafter "H.M.Act") in the Court of Principal Subordinate Judge, Thanjavur, seeking divorce on their own volition, since their marital bondage has been irretrievably broken down.

(3.) Both were represented by very same Advocate. On the date of presentation of the said original petition, in order to elicit their willingness, the learned Judge recorded their statement and they have affixed their signature. The H.M.O.P. was adjourned. As the revision petitioner / husband is very much interested in getting divorce, he regularly, appeared before the Court. But, the respondent / wife did not. The H.M.O.P. came to be adjourned from time to time. Subsequently, notices were also issued to her for her appearance, but they were in vain.