Dismissed

Janani, D/O.Murugesan, v. Rajadurai

Madras HC17 Apr 2018CRP(MD)/401/2018

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court dismissed a civil revision petition filed under Article 227 seeking to strike off a pending petition in a Family Court. The court held that Article 227 does not provide power to strike off pending family disputes, directing the petitioner to file a counter and the family court to dispose of the matter.

What did the court decide?

The Civil Revision Petition is dismissed; the petitioner is directed to file a counter before the Family Court within two weeks.

Janani, D/O.Murugesan, Vs Rajadurai — Civil Procedure and Limitation | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 17.04.2018

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CORAM:

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THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN

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C.R.P.(PD)(MD)No.401 of 2018 and C.M.P.(MD).No.1777 of 2018

Janani

... Petitioner

Vs.

Rajadurai

... Respondent

Prayer: The Civil Revision Petition is filed under Article 227 of the Constitution of India to strike off the petition in H.M.O.P.No.153 of 2017 pending on the file of the Family Court, Dindigul.

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For Petitioner : Mrs.S.Prabha for

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Mr.D.Rameshkumar For Respondent : No appearance

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O R D E R

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The Civil Revision Petition is filed to strike off the petition in H.M.O.P.No.153 of 2017 pending on the file of the Family Court, Dindigul.

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Heard the learned counsel for the petitioner.

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Since the petitioner/wife has filed the Civil Revision Petition by invoking Article 227 of the Constitution of India to strike off the H.M.O.P.No.153 of 2017 filed by the respondent/husband, on various grounds, there is no provision or power under Article 227 of the Constitution of India to strike off the H.M.O.P.No.153 of 2017 and the family dispute is pending between the petitioner and the respondent. Therefore, this Court is not inclined to entertain the Civil Revision Petition. Accordingly, the Civil Revision Petition is dismissed. However, the petitioner is at liberty to file an application to strike off the H.M.O.P.No.153 of 2017 before the Family Court, Dindigul and the same may be entertained by the Family Court, Dindigul.

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The petitioner is directed to file a counter to the H.M.O.P.No.153 of 2017 within a period of two weeks from the date of receipt of a copy of this order. On filing counter by the https://hcservices.ecourts.gov.in/hcservices/ petitioner, the Family Court, Dindigul is directed to dispose of the H.M.O.P.No.153 of 2017 within a period of three months from the date

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of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.

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Sd/Assistant Registrar(Crl.Side)

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/True Copy/

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Sub Assistant Registrar

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The Judge, Family Court, Dindigul.

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+1CC to Mr.D.Ramesh Kumar, Advocate, SR.No. 61751

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C.R.P.(PD)(MD)No.401 of 2018 17.04.2018

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akv

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AM/SKN RSK/SAR 4/31.05.2018/2P/3C

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https://hcservices.ecourts.gov.in/hcservices/

Janani, D/O.Murugesan, v. Rajadurai

Case brief

What is this about?

What did the court decide?

Janani, D/O.Murugesan, v. Rajadurai

Case brief

What is this about?

What did the court decide?

What the court decided

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