CRP. PD. No.1287 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on:16.06.2025 Pronounced on: .06.2025 CORAM THE HONOURABLE MR.JUSTICE P.B.BALAJI CRP. PD. No.1287 of 2025 and CMP. Nos. 7685 & 12740 of 2025 Aarthi Petitioner(s) Vs Bhargav Chakravarthy Respondent(s) PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order and decreetal order dated 12.12.2024 passed in I.A. No.3 of 2024 in HMOP. No.4592 of 2023 on the file of the learned II Additional Judge, Family Court at Chennai. For Petitioner : Mr.Suresh Sampath For Respondent : Mr.V.P.Raman ********** ORDER The petitioner is the respondent/wife in matrimonial proceedings in OP. No.4592 of 2023. The petitioner filed an Application to reject the said OP filed by the respondent/husband, seeking dissolution of the marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. 1/6 https://www.mhc.tn.gov.in/judis CRP. PD. No.1287 of 2025 2. The said Application was contested by the respondent/husband and ultimately the Second Additional Principal Family Court, Chennai dismissed the same. Aggrieved by the said order of dismissal of I.A.03 of 2024, the wife is before this Court, by way of revision. 3. I have heard Mr.Suresh Sampath, learned counsel for the petitioner and Mr.V.P.Raman, learned counsel for the respondent. 4. The learned counsel for the petitioner would state that the respondent/husband has filed the petition for divorce even in August, 2023. However, while performing the ceremonies of her father in law late, Chakravarthy who died on 17.02.2023, the respondent/husband involved the petitioner/wife in all the rituals and as per custom, the petitioner has joined her husband in performing all these ceremonies as if they were husband and wife (Dambathi). 5. Mr.Suresh Sampath, learned counsel for the petitioner would further state that the first year ceremony ended on 08.03.2024 and the petitioner has participated in the said ceremonies as the wife of the respondent sitting besides him in the 'Manai'. He would further state that only at the request of her mother in law, the petitioner moved and sat next to her husband and performed all the sacraments, holding hands of the 2/6 https://www.mhc.tn.gov.in/judis CRP. PD. No.1287 of 2025 respondent/husband. The learned counsel would also refer to the photographs that have been filed along with the typed set of papers and contend that the sons of the petitioner and the respondent who were sitting behind the petitioner and the respondent during the ceremonies have clicked pictures in the mobile phone and he would therefore state that there is clear evidence pointing to the participation of the petitioner/wife in all the ceremonies. 6. The learned counsel would therefore state that the respondent having voluntarily requested the petitioner to join in performing the first year death ceremonies of his father and the petitioner also having participated as wife, all the allegations made in the petition for divorce are condoned and therefore nothing survives for consideration in the HMOP and hence, he would state that the HMOP does not survive any further. However, the Family Court has erroneously dismissed the Application, despite the fact that the respondent/husband has went to the extent of even denying the participation of the wife in the first year death ceremonies of his father. 7. Per contra, Mr.V.P.Raman, learned counsel for the respondent/ husband would state that the wife never participated in the death ceremonies of his father and contended that the petitioner attended that the last day of the Varushaapthigam function only as visitor and it was only the respondent 3/6 https://www.mhc.tn.gov.in/judis CRP. PD. No.1287 of 2025 who performed all the rituals singularly. He would further state that even assuming the petitioner had participated in the ceremonies, it would not amount to an inference that he condoned the acts of cruelty that are raised as the basis for seeking dissolution of the marriage. The Family Court, finding that even if the petitioner had participated in the ceremonies, it would not amount to condoning the acts of cruelty, proceeded to dismiss the Application rightly and he therefore prays for dismissal of the Civil Revision Petition. 8. I have considered the submissions advanced by the learned counsel on either side. 9. The mere fact that the petitioner participated in the death ceremonies of her father in law as the wife of the respondent, in my considered opinion, will not give rise to a cause of action for the petitioner to seek rejection of the HMOP itself. As long as the HMOP is not allowed, the petitioner and the respondent are lawfully wedded wife and husband alone. Even assuming the worst case scenario, the case of the respondent that the wife never participated in the ceremonies is false, even then such participation of the petitioner/ wife in the ceremonies would not amount to condonation of acts of cruelty alleged by the respondent/husband in the HMOP. As rightly held by the Family Court, the issue as to whether the 4/6 https://www.mhc.tn.gov.in/judis CRP. PD. No.1287 of 2025 husband has made out a case for grant of decree for divorce on the grounds of alleged acts of cruelty would have to be tested only after a full fledged trial and no case has been made out to reject the OP itself, invoking the provisions of order VII Rule 11 CPC. I do not find any error or infirmity in the findings of the Trial Court, dismissing the Application seeking rejection of the HMOP. 10. In fine, this Civil Revision Petition is dismissed. The II Additional Judge, Family Court, Chennai is directed to dispose of HMOP. No.4592 of 2023 on merits and in accordance with law, on or before 31.03.2026. Consequently, connected Miscellaneous Petitions are also dismissed. No costs. 27.06.2025 rkp Index : Yes / No Internet : Yes / No To: The II Additional Principal Judge, Family Court, Chennai. P.B.BALAJI, J., 5/6 https://www.mhc.tn.gov.in/judis CRP. PD. No.1287 of 2025 rkp Pre-delivery order in CRP. PD. No.1287 of 2025 and CMP. Nos. 7685 & 12740 of 2025 27.06.2025 6/6 https://www.mhc.tn.gov.in/judis