Prema v. Prabhusankar
Case brief
What is this about?
The High Court held that the maintainability of a divorce application within one year of marriage can be argued before the trial court. It directed the Sub Judge to number the petition.
What did the court decide?
Directed the Sub Judge to number the petition within one week. Civil Revision Petition disposed of. No costs.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
C.R.P. (PD) No.3906 of 2018
Prema ...Petitioner
vs
Prabhusankar ...Respondent
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of
India to set aside the petition and order passed in I.A.No.260 of 2018 in
unnumbered HMOP.(CFR) No.8742 of 2018 before the Sub-Court, Pollachi, dated
02.11.2018.
For Petitioner : Mr.S.Gunalan
O R D E R
Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the petition and order passed in I.A.No.260 of 2018 in unnumbered HMOP.(CFR) No.8742 of 2018 before the Sub-Court, Pollachi, dated 02.11.2018.
By relying upon various Judgments of the Hon'ble Apex Court, the
learned counsel for the petitioner submitted that an application seeking for
divorce under Section 13 (1) (ia) of the Hindu Marriage Act, is maintainable
Issues for consideration
2 issues framed by the court
Whether an application for divorce under Section 13(1)(ia) of the Hindu Marriage Act is maintainable within one year of marriage.
Whether the Sub Court should number the main petition for dissolution of marriage.
Parties & counsel
- petitioner
Prema
- respondent
Prabhusankar
Coram
M.S.RAMESH
Case details
As recorded by the court registry
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