BALACHITRA Vs. KUMARAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed to set aside the order of return dated 25.04.2017 passed in unnumbered I.A.Sr.No.1816 of 2017 in I.A.No.18 of 2017 in HMOP.No.66 of 2015 on the file of Subordinate Judge, Virudhunagar and to direct the lower court to take the application on file and number the same.

(2.) Learned counsel for the petitioner would submit that the marriage between the petitioner and respondent had taken place on 11.06.1997. The petitioner has filed a petition in HMOP.No.66 of 2015 on the file of the Sub Court, Virudhunagar, under Section 13(1)(ib) of the Hindu Marriage Act, wherein, ex parte order of divorce was granted. The ground under which the petitioner sought divorce was that the respondent did not maintain the family and he left the matrimonial home without any information and on that ground, order of divorce was granted.

(3.) It is further submitted that the respondent has filed an application to set aside the ex parte order of divorce and when the said petition was pending, the petitioner filed an application under Section 24 of the Hindu Marriage Act for interim maintenance and the Court below returned the said petition stating that no HMOP is pending as on date. Against the said return, this revision petition has been filed. In support of his contention, learned counsel for the petitioner relied on the following judgments:- (i) Jayesh Trillokumar Shah vs. Julie Jayash Shah (W.P.No .457 of 2017 Decided on 17.02.2017) (ii) Rishi Dev Anand vs. Devinder Kaur reported in AIR 1985 Delhi 40.