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S.Madan (a) Muthukumar Vs N.Janani Rajalakshmi — Madras HC (2025) — LawSathi Research

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Madras HC
2025
S.Madan (a) Muthukumar Vs N.Janani RajalakshmiS.Madan (a) Muthukumar v. N.Janani Rajalakshmi

Allowed¶22

S.Madan (a) Muthukumar v. N.Janani Rajalakshmi

Madras HC11 Jul 2025CMP(MD)/10816/2025

Case brief

AI extract

What is this about?

Restoration petition CMP(MD) No.10816 of 2025 in CMA(MD)SR No.18701 of 2024 allowed by Madurai Bench of Madras High Court on 11.07.2025 (A.D. Jagadish Chandira and R. Poornima, JJ.); restores C.M.P(MD) No.5879 of 2024 — Section 5 Limitation Act condonation of 459 days' delay — previously dismissed for default on 04.10.2024; underlying appeal CMA(MD)SR No.18701 of 2024 under section 19(3) Family Courts Act 1984 by S. Madan (A) Muthukumar against N. Janani Rajalakshmi challenges Family Court, Tirunelveli judgment dated 05.09.2022 in HMOP No.18 of 2022 and seeks weekend stays, video-call/personal contact with children, and bimonthly stays with paternal grandparents; advocates L. Thiyagaiya (petitioner) and J. Pandi Durai (respondent); Order IX Rule 9 r/w Section 151 CPC.

What did the court decide?

Petition allowed; C.M.P(MD) No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024 (dismissed for default on 04.10.2024) restored to file.

Why is it important?

The Court allowed CMP(MD) No.10816 of 2025 and ordered restoration to file of C.M.P(MD) No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024, which had been dismissed for default on 04.10.2024. ¶22-24

What the court decided

AI extract

Outcome

Petition allowed; C.M.P(MD) No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024 (dismissed for default on 04.10.2024) restored to file.

Issue for consideration

Whether CMP(MD) No.10816 of 2025, filed under Order IX Rule 9 r/w Section 151 CPC, should be allowed so as to set aside the order dated 04.10.2024 dismissing CMP(MD) No.5879 of 2024 (in CMA(MD)SR No.18701 of 2024) for default and restore that petition to file.

Court's answer

The Court allowed CMP(MD) No.10816 of 2025 and ordered restoration to file of C.M.P(MD) No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024, which had been dismissed for default on 04.10.2024.

Detailed headnote1 paragraphs

Civil Miscellaneous Petition under Order IX Rule 9 r/w Section 151, CPC, 1908 — restoration — C.M.P(MD) No.5879 of 2024 (a Section 5, Limitation Act application to condone 459 days' delay in filing appeal CMA(MD)SR No.18701 of 2024 under section 19(3), Family Courts Act 1984, against the decree and judgment dated 05.09.2022 of the Family Court, Tirunelveli in HMOP No.18 of 2022) had been dismissed for default on 04.10.2024 — restoration petition allowed and the dismissed petition restored to file (Madurai Bench of Madras High Court, 11.07.2025; A.D. Jagadish Chandira and R. Poornima, JJ.).

A

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction

Friday, the Eleventh day of July Two Thousand and Twenty Five

PRESENT

The HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA AND

The HONOURABLE MS. JUSTICE R. POORNIMA

CMP(MD). No.10816 of 2025 in CMA(MD)SR No.18701 of 2024

.. S.Madan (A) Muthukumar Petitioner / Petitioner / Appellant Vs .. N.Janani Rajalakshmi Respondent / Respondent / Respondent

Prayer in CMP(MD). No.10816 of 2025 :-

This Civil Miscellaneous Petition filed under Order IX Rule 9 r/w, Section 151 of the CPC, 1908. praying this Court, to set aside the order passed C.M.P(MD) No.5879 of 2024 in C.M.A(MD) S.R.No.18701 of 2024 which was dismissed for default on 04.10.2024 and restore the same, in the interest of equity and justice.

Prayer in CMP(MD). 5879/ 2024 :

This Civil Miscellaneous Petition filed Under Section 5 of Limitation Act, praying this Court, to condone the delay of 459 days to filing the Appeal before this Honourable and pass other or others such orders deemed fit.

Prayer in CMA(MD)SR No.18701 of 2024 :-

This Petition filed under section 19(3) the Family Courts Act 1984, praying this

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

Court, to set aside the decree and Judgment passed in Family Court, Tirunelveli, dated 05.09.2022 made in HMOP No.18 of 2022 and consequently to permit the Children stay with Appellant at every week end and also permit the children to communicate with the Appellants whenever necessary through video calls or in person, including festivals, birthdays and all necessary occassions, permit the children stay with the appellant's parents for once in every two months.

ORDER:-

This Civil Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.L.Thiyagaiya, Advocate for the Petitioner and of Mr.J.Pandi Durai, Advocate for the respondent, this Court made the following order:

“This petition is filed to set aside the order passed in C.M.P

(MD)No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024 which was

dismissed for default on 04.10.2024.

2.Heard.

3.This petition is allowed and the petition in C.M.P(MD)

No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024, is restored to

file.”

Assistant Registrar (CS-I)

// True Copy //

/ /2025 Sub Assistant Registrar (CS - I/II/III/IV)

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

Copy to:

The Judge, Family Court, Thirunelveli

The Section Officer, Judicial Section, Madurai Bench.

ORDER DATED : 11/07/2025 ========================== ORDER ========================== CMP(MD). No.10816 of 2025 in

CMA(MD)SR No.18701 of 2024 Giving direction and etc. as stated within.

TS (29/07/2025) 3P/3C

Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.

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

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether CMP(MD) No.10816 of 2025, filed under Order IX Rule 9 r/w Section 151 CPC, should be allowed so as to set aside the order dated 04.10.2024 dismissing CMP(MD) No.5879 of 2024 (in CMA(MD)SR No.18701 of 2024) for default and restore that petition to file.¶9
The court held
The Court allowed CMP(MD) No.10816 of 2025 and ordered restoration to file of C.M.P(MD) No.5879 of 2024 in C.M.A(MD)SR No.18701 of 2024, which had been dismissed for default on 04.10.2024.ratio¶22-24

Statutes considered

3 provisions across 3 enactments

AI extract

Code of Civil Procedure, 1908Order IX Rule 9 read with Section 151¶9
Limitation ActSection 5¶11
Family Courts Act 1984Section 19(3)¶13

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 04.10.2024 dismissing C.M.P(MD) No.5879 of 2024 in C.M.A(MD) S.R.No.18701 of 2024 for default¶9
Madurai Bench of Madras High Court · 04.10.2024
Prior proceeding
Decree and judgment dated 05.09.2022 in HMOP No.18 of 2022 passed by the Family Court, Tirunelveli, which the proposed appeal seeks to set aside, along with prayers for weekend stays, video-call/in-person contact with the children, and stays with the appellant's parents once in two months¶15
Prior proceeding
Appeal CMA(MD)SR No.18701 of 2024 filed under section 19(3) of the Family Courts Act 1984 challenging the Family Court, Tirunelveli decree¶13
Prior proceeding
C.M.P(MD) No.5879 of 2024 filed under Section 5 of the Limitation Act seeking condonation of a delay of 459 days in filing the appeal¶11
Prior proceeding
Dismissal of C.M.P(MD) No.5879 of 2024 for default on 04.10.2024¶20

Parties & counsel

AI extract

petitioner
S.Madan (A) Muthukumar¶7
L.Thiyagaiya
respondent
N.Janani Rajalakshmi¶7
J.Pandi Durai

Coram

AI extract

A.D.JAGADISH CHANDIRAmember¶4
R. POORNIMAmember¶5

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 11 Jul 2025 · July
Registered: 9 Jul 2025
Case no.: CMP(MD)/10816/2025
CNR: HCMD010304872025
Bench: A.d.jagadish Chandira R. Poornima
Disposal: ORDERED
Case type: CMP(MD)

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Cite this judgement

S.Madan (a) Muthukumar v. N.Janani Rajalakshmi, CMP(MD)/10816/2025 (MAD), decided on 11 July 2025.

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

Statutes3

Code of Civil Procedure, 1908Order IX Rule 9 read with Section 151
Limitation ActSection 5
Family Courts Act 1984Section 19(3)

View all statutes

Procedural history5

Order dated 04.10.2024 dismissing C.M.P(MD) No.5879 of 2024 in C.M.A(MD) S.R.No.18701 of 2024 for defaultMadurai Bench of Madras High Court · 04.10.2024
Decree and judgment dated 05.09.2022 in HMOP No.18 of 2022 passed by the Family Court, Tirunelveli, which the proposed appeal seeks to set aside, along with prayers for weekend stays, video-call/in-person contact with the children, and stays with the appellant's parents once in two months
Appeal CMA(MD)SR No.18701 of 2024 filed under section 19(3) of the Family Courts Act 1984 challenging the Family Court, Tirunelveli decree

View full history

Bench / Coram

A.D.JAGADISH CHANDIRA and R. POORNIMA

Parties & counsel