A.Ishwariya Vs M.Karthick — Matrimonial and Divorce | Madras HC (2025)

A.Ishwariya Vs M.Karthick — Matrimonial and Divorce | Madras HC (2025)

What the court decided

AI extract

Outcome

No clarification required; the Judge, Family Court, Madurai, directed to comply with this Court's directions in C.R.P(MD)No.579 of 2025 dated 26.02.2025 and 19.08.2025 regarding disposal of I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023.

Issue for consideration

Whether clarification is required as to whether I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 (return of articles under Section 27 of the Hindu Marriage Act) is to be disposed of separately by way of interlocutory application or along with the main petition, in view of this Court's order in C.R.P.(PD)No.3303 of 2018 dated 12.08.2020. +1 more

Court's answer

This Court observed that its order in C.R.P.(PD)No.3303 of 2018 dated 12.08.2020 is a generalized direction that applications for return of articles under Section 27 of the Hindu Marriage Act shall not be disposed of by way of interlocutory application and must be decided along with the main case.

Ratio / Principle

However, by considering the individual facts and circumstances of the case, this Court's own direction in the present Civil Revision Petition in C.R.P(MD)No.579 of 2025 (order dated 26.02.2025, subsequently extended) is what governs the disposal of I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023.

Key takeaways

The direction issued by this Court in C.R.P(MD)No.579 of 2025 holds good till date and has been neither reversed nor questioned by the parties to the lis.ratio¶22
No clarification is required; the learned District Judge, Family Court, Madurai, is to comply with the directions issued by this Court in C.R.P(MD)No.579 of 2025, dated 26.02.2025 and 19.08.2025.ratio¶25

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (N. Senthilkumar, J.), C.R.P(MD)No.579 of 2025, order dated 12.12.2025: The Family Court, Madurai sought clarification whether I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 (application for return of articles under Section 27 of the Hindu Marriage Act) should be disposed of separately or along with the main petition, in view of this Court's order in C.R.P.(PD)No.3303 of 2018 dated 12.08.2020 that such returns not be decided by way of interlocutory application. Held: that 2018 order is a generalized direction; however, considering the individual facts and circumstances of the case, the case-specific directions issued in the present revision (orders dated 26.02.2025, extended on 19.08.2025) hold good till date and have been neither reversed nor questioned by the parties; therefore no clarification is required and the learned District Judge is to comply with those directions.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 12.12.2025

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR

C.R.P(MD)No.579 of 2025

A.Ishwarya

... Petitioner

vs.

M.Karthick ... Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India to dispose of the interim application in I.A.No.1 of 2024 in H.M.O.P.No. 876 of 2023 on the file of the Family Court, Madurai in a time bound manner.

O R D E R

The Civil Revision Petition has been filed seeking a direction to the learned District Judge, Family Court, Madurai, to dispose of the interim application in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023.

2.This Court, vide order, dated 26.02.2025, had disposed of the above Civil Revision Petition with the following directions:

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"3.Considering the above said facts, this Court directs the Family Court, Madurai, to dispose of the case in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 on or before 30.06.2025."

3.Thereafter, the learned District Judge, Family Court, Madurai, vide letter, dated 30.06.2025, had requested further time to dispose of the application in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 and this Court, vide order, dated 19.08.2025, had granted three months time to dispose of the application in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023.

4.Now, the learned District Judge, Family Court, Madurai, vide letter, dated 02.12.2025, had submitted that evidence was let in by both parties in I.A.No.1 of 2024 and the same was concluded and when the matter was posted for arguments, the respondent's Counsel had produced an order of this Court in C.R.P.(PD)No.3303 of 2018, dated 12.08.2020, wherein, this Court has held that return of articles under Section 27 of Hindu Marriage Act, shall not be decided by way of interlocutory application and the matter has to be decided along with the main case. Hence, the learned District Judge, Family Court,

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Madurai, has sought clarification from this Court whether to dispose the I.A.No.1 of 2024 separately or whether to dispose of the I.A.No.1 of 2024 along with main petition.

5.It appears that the order passed by this Court in C.R.P.(PD)No.3303 of 2018, dated 12.08.2020, is a generalized direction that the application filed for return of articles under Section 27 of Hindu Marriage Act, shall not be disposed of by way of interlocutory application and that the matter has to be decided along with the main case.

6.However, by considering the individual facts and circumstances of the case, this Court in the present Civil Revision Petition in C.R.P(MD)No.579 of 2025, vide order, dated 26.02.2025, directed the Family Court, Madurai, to dispose of the case in I.A.No.1 of 2024 in H.M.O.P.No.876 of 2023 on or before 30.06.2025. Upon the request of the learned District Judge, dated 30.06.2025, the time limit was further extended by three months. The said direction holds good till date and it has neither been reversed nor questioned by the parties to the lis . Therefore, no clarification is required and the learned

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District Judge is to comply with the directions issued by this Court in C.R.P(MD)No.579 of 2025, dated 26.02.2025, and 19.08.2025.

12.12.2025

cmr

To

The Judge, Family Court, Madurai.

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N.SENTHILKUMAR, J.

cmr

C.R.P(MD)No.579 of 2025

12.12.2025

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