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K.Revathi Vs S.Karthick — Matrimonial and Divorce | Madras HC (2025)

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Madras HC
2025
K.Revathi Vs S.KarthickK.Revathi v. S.Karthick

Allowed¶25

K.Revathi v. S.Karthick

Madras HC4 Dec 2025CMA/2208/2025

Case brief

AI extract

What is this about?

Madras High Court, C.M.A.No.2208 of 2025 (decided 04.12.2025, C.V.Karthikeyan and K.Kumaresh Babu, JJ., Division Bench). Keywords: Hindu Marriage Act, 1955, Section 13(1)(i-a); matrimonial dispute/divorce petition; dismissal of Original Petition for non-prosecution (06.02.2024); restoration application I.A.No.2 of 2024 under Order 9 Rule 9 CPC; conditional restoration costs Rs.750/- unpaid; dismissal confirmed 07.11.2024 by IV Additional Principal Family Court, Chennai; appellate pre-condition costs Rs.5,000/- paid and acknowledged; impugned order set aside; petition restored and remanded for adjudication on merits; appeal allowed; no order as to costs. No precedent cited; no discussion of underlying facts or stay petition.

What did the court decide?

Setting aside of the order and decree dated 07.11.2024; restoration of O.P.No.1113 of 2023 to the file of IV Additional Principal Family Court, Chennai and remand for adjudication on merits and in the manner known to law; no order as to costs.

Why is it important?

The order now under appeal has to be interfered with and set aside, and O.P.No.1113 of 2023 has to be restored back to the file of IV Additional Principal Family Court, Chennai. ¶24

What the court decided

AI extract

Outcome

Setting aside of the order and decree dated 07.11.2024; restoration of O.P.No.1113 of 2023 to the file of IV Additional Principal Family Court, Chennai and remand for adjudication on merits and in the manner known to law; no order as to costs.

Issue for consideration

Whether the order and decree dated 07.11.2024 dismissing I.A.No.2 of 2024 (thereby confirming the dismissal of O.P./H.M.O.P.No.1113 of 2023 for non-prosecution) should be interfered with, set aside, and the Original Petition restored.

Court's answer

The order now under appeal has to be interfered with and set aside, and O.P.No.1113 of 2023 has to be restored back to the file of IV Additional Principal Family Court, Chennai.

Ratio / Principle

This Civil Miscellaneous Appeal stands allowed and O.P.No.1113 of 2023 is remanded back to IV Additional Principal Family Court, Chennai for adjudication on merits and in the manner known to law, with no order as to costs.

Detailed headnote1 paragraphs

Restoration of divorce petition dismissed for non-prosecution — appellant-wife was petitioner in O.P./H.M.O.P.No.1113 of 2023 filed under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 before IV Additional Principal Family Court, Chennai; the petition was dismissed for non-prosecution on 06.02.2024; her restoration application I.A.No.2 of 2024 under Order 9 Rule 9 CPC was dismissed on 07.11.2024 for non-compliance with the conditional order dated 30.10.2024 directing payment of restoration costs of Rs.750/-. Noting compliance with the Division Bench's earlier pre-direction of Rs.5,000/- costs to the respondent, the Bench held the impugned order had to be set aside, restored O.P.No.1113 of 2023 to the file of the trial Court and remanded it for adjudication on merits and in the manner known to law. Appeal allowed; no order as to costs. (04.12.2025)

A

C.M.A.No.2208 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

AND

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

C.M.A.No.2208 of 2025

K.Revathi

K.Revathi ... Appellant -vsS.Karthick ... Respondent

PRAYER : Appeal against the order and decree, dated 07.11.2024, passed in I.A.No.2 of 2024 in H.M.O.P.No.1113 of 2023, on the file of IV Additional Principal Family Court, Chennai.

For Appellant : Mr.R.Bhagawat Krishna

For Respondent : Mr.M.Mohamed Yasin

JUDGMENT

The appellant is the petitioner in O.P.No.1113 of 2023, which has been filed under Section 13 (1) (i-a) of the Hindu Marriage Act,1955.

Page 1 of 4

https://www.mhc.tn.gov.in/judis

C.M.A.No.2208 of 2025

We, consciously, would not enter into any discussion of the facts, including the filing of the stay petition or the allegations/statements made in the counter affidavit. We would only record that O.P.No.1113 of 2023 came to be dismissed for non-prosecution on 06.02.2024 before the trial Court. Thereafter, the appellant herein filed I.A.No.2 of 2024 to restore the Original Petition. A conditional order was passed by the trial Court on 30.10.2024, directing the appellant herein to pay costs of Rs.750/- for restoration. However, that particular costs were not paid. Therefore, on 07.11.2024, since the conditional order was not complied with, the interlocutory application filed under Order 9 Rule 9 of Code of Civil Procedure was dismissed, confirming the original order, dismissing the Original Petition for non-prosecution. Challenging that particular order, the present appeal has been filed.

In this appeal, earlier, a Division Bench of this Court has directed payment of costs of Rs.5,000/- by the appellant to the respondent, as a pre-condition to the respondent, for taking up the appeal for consideration. It is now informed that the said condition has been complied with and costs have been paid. Learned counsel for the respondent also acknowledged the receipt of costs.

Page 2 of 4

https://www.mhc.tn.gov.in/judis

C.M.A.No.2208 of 2025

Naturally, the order, now under appeal, has to be interfered with and set aside and O.P.No.1113 of 2023 has to be restored back to the file of IV Additional Principal Family Court, Chennai.

Accordingly, this Civil Miscellaneous Appeal stands allowed and O.P.No.1113 of 2023 is remanded back to IV Additional Principal Family Court, Chennai, for adjudication on merits and in the manner known to law. No order as to costs.

dixit

(C.V.K.,J.) (K.B.,J.) 04.12.2025

To

IV Additional Principal Family Court, Chennai.

Page 3 of 4

https://www.mhc.tn.gov.in/judis

C.M.A.No.2208 of 2025

C.V.KARTHIKEYAN,J. AND K.KUMARESH BABU, J.

dixit

C.M.A.No.2208 of 2025

04.12.2025

_____________ Page 4 of 4_

https://www.mhc.tn.gov.in/judis

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the order and decree dated 07.11.2024 dismissing I.A.No.2 of 2024 (thereby confirming the dismissal of O.P./H.M.O.P.No.1113 of 2023 for non-prosecution) should be interfered with, set aside, and the Original Petition restored.¶19
The court held
The order now under appeal has to be interfered with and set aside, and O.P.No.1113 of 2023 has to be restored back to the file of IV Additional Principal Family Court, Chennai.ratio¶24

Statutes considered

2 provisions across 2 enactments

AI extract

Hindu Marriage Act, 195513(1)(i-a)¶15
Code of Civil ProcedureOrder 9 Rule 9¶19

Procedural history

How this case reached the court

AI extract

Order under challenge
Dismissal of I.A.No.2 of 2024 (the appellant's application to restore O.P./H.M.O.P.No.1113 of 2023, made under Order 9 Rule 9 CPC) for non-compliance with the conditional restoration order dated 30.10.2024 requiring payment of costs of Rs.750/-, thereby confirming the original dismissal of the Original Petition for non-prosecution.¶11
IV Additional Principal Family Court, Chennai · 07.11.2024
Prior proceeding
The appellant, as petitioner, filed O.P./H.M.O.P.No.1113 of 2023 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.¶15
Prior proceeding
O.P.No.1113 of 2023 was dismissed for non-prosecution by the trial Court on 06.02.2024.¶19
Prior proceeding
Thereafter the appellant filed I.A.No.2 of 2024 to restore the Original Petition.¶19
Prior proceeding
The trial Court passed a conditional order on 30.10.2024 directing payment of costs of Rs.750/- for restoration; those costs were not paid.¶19
Prior proceeding
Earlier in this appeal, a Division Bench of this Court directed payment of costs of Rs.5,000/- by the appellant to the respondent as a pre-condition for taking up the appeal for consideration; the condition has been complied with and costs paid, with receipt acknowledged by learned counsel for the respondent.¶20

Parties & counsel

AI extract

appellant
K.Revathi¶10
Mr.R.Bhagawat Krishna
respondent
S.Karthick¶10
Mr.M.Mohamed Yasin

Coram

AI extract

C.V.KARTHIKEYANmember¶5
K.KUMARESH BABUmember¶7

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 4 Dec 2025 · December
Registered: 1 Aug 2025
Case no.: CMA/2208/2025
CNR: HCMA010470892025
Topic: Matrimonial and Divorce
Bench: C.v. Karthikeyan K.kumaresh Babu
Disposal: ALLOWED
Case type: C.M.A.

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Cite this judgement

K.Revathi v. S.Karthick, CMA/2208/2025 (MAD), decided on 4 December 2025.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Hindu Marriage Act, 195513(1)(i-a)
Code of Civil ProcedureOrder 9 Rule 9

View all statutes

Procedural history6

Dismissal of I.A.No.2 of 2024 (the appellant's application to restore O.P./H.M.O.P.No.1113 of 2023, made under Order 9 Rule 9 CPC) for non-compliance with the conditional restoration order dated 30.10.2024 requiring payment of costs of Rs.750/-, thereby confirming the original dismissal of the Original Petition for non-prosecution.IV Additional Principal Family Court, Chennai · 07.11.2024
The appellant, as petitioner, filed O.P./H.M.O.P.No.1113 of 2023 under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
O.P.No.1113 of 2023 was dismissed for non-prosecution by the trial Court on 06.02.2024.

View full history

Bench / Coram

C.V.KARTHIKEYAN and K.KUMARESH BABU

Parties & counsel