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C.R.P.No.5234 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.01.2025 CORAM THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN C.R.P.No.5234 of 2024 Gowtham Raj ... Petitioner Vs. Divya Bharathi ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order dated 14.10.2024 made in I.A.No.01 of 2024 in H.M.O.P.No.139 of 2023 on the file of the Sub Judge, Katpadi, Vellore District by allowing this Civil Revision Petition. For Petitioner : Mr.M.Sarath Kumar
O R D E R This civil revision petition arises against the order passed by the Sub Judge, Katpadi, Vellore, in I.A.No.01 of 2024 in H.M.O.P.No.139 of 2023, dated 14.10.2024. H.M.O.P.No.139 of 2023 has been presented by the 1 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.No.5234 of 2024 husband seeking for divorce. 2.From the wedlock between the petitioner and the respondent, a child was born. Thereafter, due to disputes and differences, the parties had separated. Pleading that the husband has retained all her jewels and documents, she filed an application for return of the same. This application was numbered as I.A. No.1 of 2024. To the said application, the civil revision petitioner had no objection. He conceded that he will return the following 15 items of the jewellery in his counter. They are as follows, 1) ilkd; bef;y!; kh';fh oird; ? 1 2) rptg;g[ U:gp bef;y!; ? 1 3) ge;J totikg;g[ bfhz;l eP;z;l Muk; ? 1 4) lhyu; bfhz;l bef;y!; ? 1 5) tisay; ? 1 6) bgupa $pkpf;fp ? 1 7) ilkd; fk;ky; ? 1 8) rptg;g[ kw;Wk; bts;is fk;ky; ? 1 9) gr;ir kw;Wk; bts;isf;fy; fk;ky; ? 1 2 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.No.5234 of 2024 10) rptg;g[ fk;ky; ? 1 11) cwhh;l; lhyUld; ird; ? 1 12) nkhjpuk; ? 1 13) fl fhg;g[ ? 1(1?k; vjpu;kDjhuu; trk; cs;sJ) 14) bef; brapd; ? 1(1?k; vjpu;kDjhuh; trk; cs;sJ) 15) nkhjpuk; ? 1 (1?k; vjpu;kDjhuh; trk; cs;sJ) 3.Recording the no objection that has been furnished by the civil revision petitioner, the Trial Judge allowed the application. Challenging the said order, this revision. 4.I heard Mr.M.Sarath Kumar for the civil revision petitioner. 5.Mr.M.Sarath Kumar pleads that he had filed an application in I.A.No.8 of 2024, seeking for return of certain jewels, which have been set forth in the schedule to that petition.
He pleads that without passing any order in I.A.No.8 of 2024, the learned Judge had passed an order in I.A.No.1 of 2024, which was filed by the wife. Hence, he pleads that the order 3 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.No.5234 of 2024 requires interference. 6.I have carefully considered the submissions of Mr.M.Sarath Kumar. 7.When the petitioner had conceded for allowing the application in I.A.No.1 of 2024, I fail to understand how this revision is maintainable. It is an order passed by consent, and therefore, it is the duty of the civil revision petitioner to comply with the consent that he has given before the Court below. 8.The fear of Mr.M.Sarath Kumar, that the wife will not return or co- operate with the Trial Court for disposal of I.A.No.8 of 2024 can be addressed by an appropriate direction to the Trial Judge. 9.Therefore, while confirming the order of the learned Sub Judge, Katpadi, Vellore, passed in I.A.No.01 of 2024 in H.M.O.P.No.139 of 2023, 4 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.No.5234 of 2024 dated 14.10.2024, there shall be a direction to the Sub Judge, Katpadi, Vellore, to dispose of I.A.No.8 of 2024 with an a period of eight weeks from the date of receipt of a copy of this order. 10.With the above direction, the civil revision petition is dismissed. No costs. sli 03.01.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No To: The Sub Judge, Katpadi, Vellore. V.LAKSHMINARAYANAN,J. sli 5 of 6 https://www.mhc.tn.gov.in/judis
C.R.P.No.5234 of 2024 C.R.P.No.5234 of 2024 03.01.2025 6 of 6 https://www.mhc.tn.gov.in/judis