A S RAMAA Vs. U R ANANTHAKRISHNAN

JUDGEMENT

(1.) THIS revision has been directed against the order passed in I.A.No,2803 of 2006 in FCOP.No,69 of 1997 on the file of the II Additional Principal Judge, Family Court, Chennai. I.A.No,2803 of 2006 was filed by the wife, respondent in FCOP.No,69 of 1997 which was filed by the husband for divorce. An exparte degree was passed in the said FCOP.No,69 of 1997 on 19.10.2006. To set aside the same I.A.No,2803 of 2006 was filed by the wife.

(2.) IN the affidavit to the petition in I.A.No,2803 of 2006, which runs about four pages, at paragraph 6, the reason for her non-appearance on the date of enquiry ie., on 18.10.2006 is stated that as she was suffering from rheumatic arthritis and also due to severe stomach upset due to womanly reasons. She has also filed doctor's certificate dated 12.10.2008 issued by Dr.N.Sivasubramanian (Ayurvedic Consultant) to show that she was suffering from Rhumatic Diordor from April 2006 to till date. The learned II Additional Principal Judge, Family Court, Chennai, has dismissed the said application on the ground that the ground alleged by the petitioner/wife for her non-appearance on 18.10.2006 & 19.10.2006 is not convincing and cannot be accepted.

(3.) IN fine, the Revision is allowed and the order passed in I.A.No,2803 of 2006 in FCOP.No,69 of 1997 on the file of the II Additional Principal Judge, Family Court, Chennai, is set aside. The learned II Additional Principal Judge, Family Court, Chennai, shall restore FCOP.No,69 of 1997 to his file and after giving an opportunity to the revision petitioner to cross-examine P.W.1 and after giving sufficient opportunities to both sides, shall dispose of the same in accordance with law within three months from the date of receipt of copy of this order. No costs. Connected Miscellaneous Petition is closed.