Partly allowed¶18

A. Abilash v. S. Divya

Madras HC4 Dec 2025CRP/1961/2025

Case brief

AI extract

What is this about?

CRP 1961 of 2025 Madras High Court S. Sounthar expedite divorce petition HMOP 723 of 2023 I.A.No.3 of 2024 return of ornaments documents Sec.27 Hindu Marriage Act 1955 r/w Sec.151 CPC Sec.12 simultaneous disposal direction II Addl. Family Court Chennai pleadings completed expeditiously

What did the court decide?

Direction to II Addl. Family Court, Chennai to take up I.A.No.3 of 2024 along with main O.P. H.M.O.P.No.723 of 2023 and dispose both petitions simultaneously as expeditiously as possible; independent disposal of the interlocutory application refused. ¶18

A. Abilash Vs S. Divya — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the II Addl. Family Court, Chennai should be directed to expedite disposal of the divorce petition (HMOP No. 723 of 2023), and whether the application I.A.No.3 of 2024 (return of ornaments and documents) should be disposed of independently or along with the main O.P.

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Ratio / Principle

When a petition for return of ornaments and documents is filed in a pending main O.P., it is settled law that it shall be taken up along with the main O.P. rather than dealt with separately.

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Key takeaways

The Court declined to direct that the application I.A.No.3 of 2024 be disposed of independently of the main petition.ratio¶18
Since pleadings in the main O.P. are complete, the II Addl. Family Court, Chennai was directed to take up I.A.No.3 of 2024 together with main O.P. H.M.O.P.No.723 of 2023 and dispose of both petitions simultaneously as expeditiously as possible.ratio¶18

Detailed headnote1 paragraphs

High Court of Judicature at Madras (S. Sounthar J.), CRP No. 1961 of 2025, decided 04-12-2025: Petitioner sought a direction to the II Addl. Family Court, Chennai to expedite the divorce proceedings in HMOP No.723 of 2023 and the pending application I.A.No.3 of 2024 (return of ornaments and documents, filed under Sec.27 of Hindu Marriage Act, 1955 r/w Sec.151 of C.P.C.). Holding that a petition for return of ornaments and documents in a pending main O.P. must be taken up with the main O.P. and not disposed of independently, the Court declined to direct standalone disposal of the interlocutory application; noting pleadings were complete in the main O.P., it directed the Family Court to take up I.A.No.3 of 2024 along with H.M.O.P.No.723 of 2023 and dispose both simultaneously as expeditiously as possible.

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CRP No. 1961 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-12-2025

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CORAM THE HON'BLE MR.JUSTICE S. SOUNTHAR

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CRP No. 1961 of 2025

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A. Abilash S/o. K.Arjunan, Door No.63, Dr.Radhakrishnan Street, Balaji Nagar Extension-2, Navavurpirivu, Vadavalli, Bharathiyar University Post, Coimbatore-641 046

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..Petitioner(s)

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S. Divya D/o. Surayanaranan, Door No.14, Yadhava Street, Kotturpuram, Chennai-600 085

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..Respondent(s)

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To direct the II Additional Family Court at Chennai to expedite the divorce petition in I.A.No.3/2024 in HMOP.No.723/2023 and thus render justice

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For Petitioner(s): Mr.S. Suresh For Respondent(s): Mr S.Venkatesan

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Order

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This Civil Revision Petition has been filed seeking a direction to the II Addl. Family Court, Chennai to expedite the divorce petition filed by the petitioner in I.A.No.3 of 2024 in HMOP No. 723 of 2023.

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__________Page 1 of 3

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

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CRP No. 1961 of 2025

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The respondent herein filed a petition in HMOP No.723 of 2023 seeking for dissolution of marriage solemnised on 20.08.2021. Pending the above O.P., the application filed by the respondent in I.A.No. 3 of 2024 seeking for return of certain ornaments and the documents mentioned in the schedule in the petition filed under Sec.27 of Hindu Marriage Act, 1955 r/w Sec.151 of C.P.C. Now, the petitioner filed this Civil Revision Petition seeking a direction to the II Addl. Family Court, Chennai to dispose of divorce petition filed under Sec.12 of Hindu Marriage Act as expeditiously as possible.

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It is a settled law, when the petition has been filed for return of ornaments and documents in pending main O.P., the same shall be taken up along with main O.P. Therefore, this Court is not inclined to issue a direction to dispose of the application filed in I.A.No.3 of 2024 independently. However, it is stated by the learned counsel for respondent that pleadings have been completed in the main O.P. In view of the same, the II Addl. Family Court, Chennai is directed to take up I.A.No.3 of 2024 along with main O.P. in H.M.O.P.No.723 of 2023 and dispose both the petitions simultaneously as expeditiously as possible.

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04-12-2025

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Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RPP To II Addl. Family Court, Chennai.

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__________Page 2 of 3

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

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CRP No. 1961 of 2025

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S.SOUNTHAR J.