Husband challenged the Family Court's refusal to return his wife's matrimonial plaint for want of territorial jurisdiction. The court found the judge gave convincing reasons based on the wife's Aadhar Card showing Villupuram residence, and the husband pleaded no failure of justice as required under Section 21 CPC.
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.
C.R.P.(PD)No.1438 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.04.2024
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
C.R.P.(PD)No.1438 of 2024 and C.M.P.No.7702 of 2024
D.Sathiyaseelan
.. Petitioner
Vs.
V.Saranya .. Respondent
Prayer : The Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records pertaining to the order dated 24.11.2023 passed in I.A.No.471 of 2023 in H.M.O.P.No.121 of 2023 on the file of the learned Judge, Family Court, Villupuram and set aside the same.
For Petitioner : Mr.K.Prabakar
ORDER
This Revision has been preferred against an order of the Court of the
learned Family Judge at Villupuram in I.A.No.471 of 2023 in H.M.O.P.No.121 of 2023, dated 24.11.2023.
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C.R.P.(PD)No.1438 of 2024
an application in H.M.O.P.No.121 of 2023 is a permanent resident of Thimmachur Village which is not situated within the jurisdiction of the Courts at Villupuram but falls within the jurisdiction of Courts at Kallakurichi. He would state that he had sent a letter to the respondent by way of registered post with an acknowledgment due and it was returned as “no such person found in the address”.
Page No 2 of 5 https://www.mhc.tn.gov.in/judis
C.R.P.(PD)No.1438 of 2024
the registered letter sent by him at Page No.55 of the typed set of papers in order to state that this document would show that she is not residing at V.Maruthur. The learned Family Judge has gone on the basis of the Aadhar Card and he has given convincing reasons in Paragraph No.10 of the order. Apart from that, for want of territorial jurisdiction, the petitioner must also prove that if the proceedings are contested at Villupuram, it will lead to “failure of justice”.
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C.R.P.(PD)No.1438 of 2024
is closed.
dismissed. No costs. Consequently, connected Civil Miscellaneous Petition is closed.
10.04.2024
mkn2 Index:Yes/No Speaking Order :Yes/No Neutral Citation:Yes/No
V. LAKSHMINARAYANAN, J.
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C.R.P.(PD)No.1438 of 2024
mkn2
To
The Family Court, Villupuram
C.R.P.(PD)No.1438 of 2024 and C.M.P.No.7702 of 2024
10.04.2024
Page No 5 of 5 https://www.mhc.tn.gov.in/judis
1 issue framed by the court
Whether the Family Court at Villupuram lacked territorial jurisdiction over the wife's H.M.O.P., and whether any failure of justice would result from contesting it there.
4 provisions across 3 enactments
D.Sathiyaseelan
V.Saranya
V. Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
