S SRINATH Vs. J KALPANA

JUDGEMENT

(1.) The instant Civil Revision Petition is preferred as against the original petition filed between the Petitioner and respondent as petitioners in H.M.O.P.No.14 of 2018 and the same is pending before the learned Subordinate Judge, Aruppukottai, Virudhunagar District.

(2.) According to the learned counsel for the petitioner that the aforesaid Original Petition was filed by the Petitioner herein and the respondent under section 13(B) of the Hindu Marriage Act,1955 for the relief of dissolution of their marriage under mutual consent which was solemnized on 26.01.2015, at L.S.Mahal, Aathipatty Village, Thiruchuli Road, Aruppukottai, Virudhunagar District. The learned Counsel further submitted that due to strained relationship between the spouses, for the past three years they are living separately, and there is no possibility for their re-union as the marital relationship between them has irretrievably broken down. So, the husband has earlier preferred a petition through his mother as Power Agent under section 13 (1) (i-a) (i-b) of the Hindu Marriage Act, 1955. Thereafter, the wife filed a Tr.C.M.P.(MD)No.173 of 2018 before this Court and on 19.09.2018, when the said Tr.C.M.P.No.173 of 2018 was taken up for hearing, it was informed this Court that the marriage has irretrievably broken down and the learned counsel for the petitioner in the Transfer Civil Miscellaneous petition, having a memo signed by the wife for submitting to decree. It is brought to the notice of this court that this Court in the proceedings in Tr.C.M.P.(MD)No.173 of 2018 permitted the petitioner and the respondent to file a petition under section 13 (B) of the Hindu Marriage Act to get their redressal accordingly order was passed as follows:

(3.) It is seen from the records that thereafter the matter was taken up by the learned trial court on 25.09.2018 for hearing and after sending information to the parties concerned, the matter was adjourned to 26.09.2018. As per the direction of the learned trial court, the parties concerned with their respective learned counsels appeared before the learned trial court on 26.09.2018 and on the same day amendment petition along with Amended Petition Copy was filed by putting their signatures and the same was allowed. At the same time, in order to ascertain the consent of the husband, since he is in the Unites States, for video conferencing the case was adjourned to 27.09.2018. Accordingly, the petitioner and the respondent were present before the learned trial court, but due to the failure in video conferencing in the Aruppukkottai Court, all the parties concerned were directed by the learned trial court to be present at the District Court complex, Srivilliputhur server room for video conferencing.