This Court stayed its decision on the constitutional validity of a statutory provision in a civil revision petition, noting a pending writ petition on the same issue before the Supreme Court. The petition was subsequently dismissed as withdrawn.
Leave to withdraw the Civil Revision Petition was granted and the petition was dismissed as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.04.2016
CORAM
THE HONOURABLE Mr. JUSTICE P.R.SHIVAKUMAR
C.R.P (PD) No.1228 of 2016
B.T.Stalin
... Petitioner
vs.
Cinthiya Selvin
... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 22.03.2016 passed by the Hon'ble Principal Judge, Family Court, Chennai in O.P.S.R.No.2037 of 2016 and consequently directing the office to number the O.P.S.R.No.2037 of 2016.
For Petitioner : Mr.R.Manickavel
ORDER
As the issue involved in this case is regarding the constitutional validity of a statutory provision, namely, Section 10 A(1) of the Indian Divorce Act, this Court deemed it appropriate to seek the assistance of three learned Senior Advocates, Mr.S.Parthasarathy, Rev.Fr.Xavier Arul Raj and Mr.Sirajudeen. During the course of hearing, Mr.R.Manickavel, learned counsel for the petitioner has brought it to the notice of this Court that a writ petition regarding the Constitutional validity of Section 10 A(1) of
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the Indian Divorce Act is pending before the Hon'ble Supreme Court. The order of the Hon'ble Supreme Court dated 13.07.2015 made in the said writ petition (Civil)No.127 of 2015 has also been placed in the hands of this Court.
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leave is granted and the Civil Revision Petition is dismissed as withdrawn. No costs.
20.04.2016
srn
To
The Principal Judge, Family Court, Chennai
P.R.SHIVAKUMAR, J
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srn
C.R.P (PD) No.1228 of 2016
20.04.2016
1 issue framed by the court
Whether the High Court can decide on the constitutional validity of Section 10 A(1) of the Indian Divorce Act pending a Supreme Court writ petition.
B.T. Stalin
Cinthiya Selvin
P.R. SHIVAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
