Wife's revision against dismissal of her petition to condone delay in setting aside an exparte divorce decree, settled by joint compromise memo; court allowed restoration so parties could withdraw the HMOP.
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C.R.P.(MD)No.3230 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.11.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.3230 of 2023 and C.M.P.(MD).No.16666 of 2023
S.Angala Eswari ... Petitioner/Petitioner/Respondent
Vs.
R.Saravanakumar ... Respondent/Respondent/Petitioner
PRAYER : Civil Revision Petition is filed under Section 115 of the Civil Procedure Code, to call for the records relating to the Fair and ExOrder dated 28.06.2023 made in I.A.No.3 of 2022 in H.M.O.P.No.116 of 2019 on the file of the Learned Sub-Judge, Melur and set aside the same
and consequently allow the present civil revision petition.
For Petitioner : Mr.J.Anandkumar
For Respondent : Mr.R.Rajesh Kumar
ORDER
This civil revision petition has been filed to set aside the Fair and Ex-Order dated 28.06.2023 made in I.A.No.3 of 2022 in H.M.O.P.No. 116 of 2019 on the file of the Learned Sub-Judge, Melur.
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2.H.M.O.P.No.116 of 2019 was filed by the husband before the Sub Court, Melur. Since the wife remained absent during the HMOP proceedings, exparte order was passed. I.A.No.3 of 2022, was filed by the wife to condone the delay in filing the petition to set aside the above said exparte order. Since the same was dismissed the wife came forward with this civil revision petition.
3.Pending the civil revision petition, Joint compromise memo signed by both parties, is filed by the parties stating that they are living together, after patching up the difference of opinion.
4.In view of the joint compromise memo filed by the both parties, let them appeared before the trial Court namely Sub Court, Melur, for not pressing the H.M.O.P.No.116 of 2019. For that purpose, the petition filed by the revision petitioner in I.A.No.3 of 2022 and consequential petition to restore the above said HMOP stand allowed. The HMOP is ordered to be restored. Let the petitioner/wife and the respondent/husband appear before the trial Court and withdraw the above said HMOP. Let the copy
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of the joint compromise memo may also be forwarded to the Sub Court, Melur along with this order copy. Let the joint compromise memo shall form part of this order.
5.With the above said directions, this civil revision petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is closed.
28.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No TM
To
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C.R.P.(MD)No.3230 of 2023
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.3230 of 2023
28.11.2024
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1 provisions across 1 enactments
S.Angala Eswari
R.Saravanakumar
G.Ilangovan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
