CRP.No.1539 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.04.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.1539 of 2025 and C.M.P.No.8971 of 2025 Nalini. S ...Petitioner Vs. Murali ...Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order passed by the Hon'ble Principal Sub Court, Chengalpet in IA.No1/2024 in HMOP.No.125 of 2023 dated 20.12.2024. For Petitioner : M/s.E.Santhanlakshmi 1/5 https://www.mhc.tn.gov.in/judis CRP.No.1539 of 2025 ORDER Challenging the order allowing the application for setting aside the ex- parte order passed in IA No.1 of 2024 in HMOP No.125 of 2023, the respondent/wife is the revision petitioner before this Court. The brief facts are as follow:- 2. The petitioner/wife had filed a petition before the Principal Subordinate Court, Chengalpet, to declare the marriage between herself and the respondent herein held on 09.12.2022 as null and void. 3. It appears that the respondent/husband had not filed the counter and was therefore set ex-parte on 04.04.2024 for non-filing of the counter. He has immediately taken out in application IA. No.1 of 2024 for setting aside the ex-parte order. Despite the protest of the petitioner/wife, the said petition has been allowed. Challenging the same, the petitioner/wife is before this Court. 2/5 https://www.mhc.tn.gov.in/judis CRP.No.1539 of 2025 4. The learned counsel for the petitioner/wife would submit that the conduct of the respondent/husband has to be taken note of which would clearly go to show that his only intent is to protract the proceedings. The matter had been adjourned on 4 previous occasions for filing of the counter. Despite this, the respondent/husband had not come forward to file a counter and therefore, the learned Principal Subordinate Judge, Chengalpet has committed a grave error in allowing this application. 5. Heard the counsel for the petitioner and perused the records. 6. It appears that the application to set aside the ex-parte order has been filed along with the counter, providing a satisfactory explanation for the absence of the respondent/husband during the proceedings. The ex-parte order was passed on 04.04.2024 and the respondent/husband has filed the application to set aside this ex-parte order on 24.04.2024 itself along with the counter. It is also seen that along with the counter, the respondent/husband has filed a counter-claim for restitution of conjugal 3/5 https://www.mhc.tn.gov.in/judis CRP.No.1539 of 2025 rights. Therefore, in the above circumstances, I see no infirmity in the order passed by the learned Principal Subordinate Judge, Chengalpet. 7. Accordingly, the Civil Revision Petition stands dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 16.04.2025 shr Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order To The Principal Sub Court, Chengalpet 4/5 https://www.mhc.tn.gov.in/judis CRP.No.1539 of 2025 P.T.ASHA, J., shr C.R.P.No.1539 of 2025 and C.M.P.No.8971 of 2025 16.04.2025 5/5 https://www.mhc.tn.gov.in/judis