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.” Sd/- Assistant Registrar (CS-I) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) https://www.mhc.tn.gov.in/judis Copy to: 1. The Judge, Family Court, Thirunelveli 2. 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