JANAKI Vs. V SUNDARAM

JUDGEMENT

(1.) THIS revision is filed under Article 227 of the Constitution of India by the wife in O.P.No.1328 of 1995, on the file of II Additional Family Judge, Chennai. Reason for filing this revision is only to bring to the notice of this Court the procedural illegality committed by the Family Court in passing an ex parte order of divorce.

(2.) A petition for divorce was filed by the respondent herein against the petitioner, alleging that she had been cruel to him, and due to that cruelty, it is impossible for him to continue the marital relationship.

(3.) NOW I will come to the proceedings of the Court below. The petition was filed on 13.12.1995. It was taken on file on 18.12.1995, and the matter was posted to 25.1.1996, ordering notice. On 25.1.1996, petitioner herein (wife) entered appearance. For counter, the petition was adjourned to 26.3.1996,...... The further posting dates are 27.5.1986, 27.7.1996, and on all these days, both parties were present. On 7.7.1996, both the Family Court attempted for a reconciliation. The Judge has endorsed as follows:-