R. Vanniyan Vs Thangavasuki — Writ and Judicial Review | Madras HC (2025)

R. Vanniyan Vs Thangavasuki — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Setting aside of the order dated 25.04.2023 in C.A.No.134 of 2021 passed by the learned V Additional Sessions Judge, City Civil Court, Chennai (which had confirmed the DVC No.25 of 2014 order dated 31.03.2021); civil revision petition allowed with no costs; connected miscellaneous petition closed.

Issue for consideration

Whether the order dated 25.04.2023 passed in C.A.No.134 of 2021 (confirming the order dated 31.03.2021 in DVC No.25 of 2014) should be set aside in this civil revision petition under Article 227 of the Constitution of India, in view of the respondent's continued non-appearance and her subsequent re-marriage.

Court's answer

In the light of the subsequent events (the respondent's re-marriage following the demise of Suresh, evidenced by the additional typed set) and her failure to appear despite notice and paper publication, the order passed by the V Additional Sessions Judge, City Civil Court, Chennai in C.A.No.134 of 2021 is set aside.

Ratio / Principle

C.A.No.134 of 2021 dated 25.04.2023 passed by the learned V Additional Sessions Judge, City Civil Court, Chennai is set aside; the civil revision petition is allowed with no costs; and the connected miscellaneous petition is closed.

Detailed headnote1 paragraphs

Madras High Court (P.B. Balaji, J.) allowed CRP No.3396 of 2023 under Article 227 of the Constitution of India filed by the brothers-in-law of the respondent against the order dated 25.04.2023 in C.A.No.134 of 2021 (V Additional Sessions Judge, City Civil Court, Chennai), which had confirmed the order dated 31.03.2021 in DVC No.25 of 2014 of the XV Metropolitan Magistrate, George Town, Chennai. The appellate order had partly allowed the respondent/wife's appeal, entitling her to a share of household right, return of auto TN-72-AF-1998 and its RC Book, a bar on alienation of the household property share, Rs.17,000/- solatium for the minor son of the respondent and the deceased Suresh, handover of the husband's mobile phone and return of the LIC policy bond. The respondent did not appear despite notice and paper publication in Malai Malar (Trichy Edition, 06.06.2025) effected pursuant to an order dated 29.04.2025, and was set ex parte. An additional typed set evidenced that the respondent has re-married after the demise of Suresh, brother of the petitioners. In the light of these subsequent events, the Court set aside the appellate order dated 25.04.2023, allowed the civil revision petition with no costs, and closed the connected miscellaneous petition (CMP No.21073 of 2023).

CRP No.3396of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI

CRP.No.3396 of 2023 and CMP No.21073 of 2023

1.R.Vanniyan 2.R,Mohan ... Petitioners Vs. Thangavasuki ... Respondent

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 25.04.2023 passed in C.A.No.134 of 2021 by confirming the order dated 31.03.2021 passed in DVC No.25 of 2014 by the learned XV Metropolitan Magistrate, George Town, Chennai.

For Petitioners : Mr.R.Venkata Varathan For Respondent : No appearance

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CRP No.3396of 2023

ORDER

The petitioners are the brothers-in-laws of the respondent. The brother by name Suresh of the petitioners married the respondent. However, the said Suresh died and domestic violence proceedings were initiated against the petitioners. The petitioners suffered an order in DVC No.25 of 2014 on the file of XV Metropolitan Magistrate, George Town, Chennai, in and by order dated 31.03.2021. The petitioners challenged the same in C.A.No.134 of 2021 before V Additional Sessions Judge, Chennai. The said Criminal Appeal, after contest, was partly allowed entitling the respondent/wife to share household right in the portion of the property, in which she was residing prior to the filing of the petition, at the time of vacating the property; to get back the auto bearing Reg No.TN-72-AF-1998 and the RC Book pertaining to the said auto; not to alienate the share of household property; take steps to pay a sum of Rs.17,000/-(Rupees Seventeen Thousand Only) as solatium for the benefit of the minor son of the respondent and the deceased Suresh; hand over the mobile phone of the husband of the respondent and to return back the LIC policy bond to the respondent/wife.

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CRP No.3396of 2023

The revision was taken on file before this Court on 15.09.2023 and

notice was ordered to the respondent. Despite several attempts to serve the respondent, the respondent did not choose to appear and thereafter, pursuant to an order dated 29.04.2025, the petitioners have effected paper publication in one issue of “Malai Malar”, Trichy Edition dated 06.06.2025. Despite paper publication, the respondent has not chosen to appear either in person or through counsel. The respondent is called absent and is set exparte.

Learned counsel for the petitioners would invite my attention to the additional typed set of papers which evidences the fact that the respondent has re-married, pursuant to the demise of the brother of the petitioners viz., Suresh and it is probably the reason why, the respondent has not chosen to contest the proceedings, despite obtaining favourable orders in the DVC proceedings. The respondent does not want anything to do with the earlier marriage especially considering that the husband of the respondent has already passed away.

In the light of the above and also taking into account the subsequent

events, the order passed by V Additional Sessions Judge, City Civil Court, 3/4

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CRP No.3396of 2023

P.B.BALAJI.,J

sr

Chennai in C.A.No.134 of 2021 is set aside.

Accordingly, C.A.No.134 of 2021 dated 25.04.2023 passed by the

learned V Additional Sessions Judge, City Civil Court, Chennai is set aside and the civil revision petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.

16.12.2025

sr

Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

To

V Additional City Civil Court, Chennai

The XV Metropolitan Magistrate, George Town,Chennai

CRP No.3396 of 2023

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