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2025 DAILYLAW 138846 (MAD)

M. Sivachidambaram v. Durga Devi S

CRP(MD)/1790/2025 · 2025-07-02

M Dhandapani

Transfer Petitionbody2025

Judgment text

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C.R.P.(PD)(MD)No.1790 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025 CORAM THE HON'BLE MR. JUSTICE M.DHANDAPANI C.R.P.(PD)(MD)No.1790 of 2025 and C.M.P.(MD).Nos.9765 & 9765 of 2025 Sivachidambaram ...Petitioner Vs. S.Durga Devi ...Respondents PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to call for the records pertaining to the case in H.M.O.P.No.316 of 2024 on the file of the learned Family Judge, Trichy and struck off the same. For Petitioner : Mr.M.Sivachidambaram Party- in-Person ORDER This petition has been filed seeking to strike off the case in H.M.O.P.No. 316 of 2024 on the file of the learned Family Judge, Trichy. 2. Since no adverse orders are going to be passed against the respondent, notice to the respondent is dispensed with. 1/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD)(MD)No.1790 of 2025 3. The respondent herein filed a case in H.M.O.P. No. 316 of 2024 before the learned Family Judge, Trichy, under the provisions of the Prohibition of Child Marriage Act, 2006 and the Hindu Marriage Act, 1995. 4. The Party-in-Person / petitioner would submit that he married his maternal uncle's daughter (the respondent) before attaining majority. Following their marriage, matrimonial disputes arose. Since the respondent was a minor at the time of marriage, the Inspector of Police, All Women Police Station, Keeranur, registered a case in Crime No.19 of 2021 against the petitioner and filed a charge sheet in Spl.S.C. No. 16 of 2022 before the learned Sessions Judge, Mahila Court, Pudukkottai District. Challenging the same, the petitioner filed a petition before this Court in Crl.O.P.(MD) No. 15999 of 2022 seeking to quash the said criminal case. By an order dated 02.12.2022, this Court allowed the petition and quashed the said proceedings. Subsequently, the respondent filed a petition for annulment of marriage in H.M.O.P.No.316 of 2024 before the learned Family Judge, Trichy, under Section 3 of the Prohibition of Child Marriage Act, 2006 and Section 12(1)(c) the Hindu Marriage Act, 1995. To strike off the said H.M.O.P., the present Civil Revision Petition has been filed. 4.(i). The Party-in-Person would further submit that he does not wish to live with the respondent as husband and wife and that the marriage was 2/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD)(MD)No.1790 of 2025 solemnized under compulsion by the respondent’s parents. Hence, he seeks permission from this Court to file a memo before the trial Court for annulment of the marriage. 5. In view of the above, this Civil Revision Petition is disposed of by granting liberty to the petitioner to file an appropriate memo before the trial Court expressing consent for annulment of the marriage. If such a memo is filed, the Family Court, Trichy, is directed to dispose of the case in H.M.O.P.No.316 of 2024 within a period of three (3) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed. 02.07.2025 Internet:Yes/No Index:Yes/No TSG To 1.The Family Judge, Trichy. 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis C.R.P.(PD)(MD)No.1790 of 2025 M.DHANDAPANI , J. TSG C.R.P.(PD)(MD)No.1790 of 2025 02.07.2025 4/4 https://www.mhc.tn.gov.in/judis