CRP(PD).No.1737 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2025 CORAM THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.1737 of 2023 and CMP.No. 11249 of 2023 Dr.M.Anandha ... Petitioner Vs. Dr.V.Pravina ... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the docket order dated 19.01.2023 passed by the Hon'ble I Additional Principal Family Court, Chennai in IA.No.1 of 2022 in HMOP.No.5257 of 2019. For Petitioner : M/s.T.Dhakana For Respondent : M/s.Leelesh Sundaram for M/s.Nathan and Associates O R D E R Challenging the order condoning the delay of 192 days in filing the application to set aside this order in I.A No.1 of 2022 in HMOP.No.5257 of 2019 on the file of I Additional Principal Family Court, Chennai, the respondent/husband is before the Court. 1/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.1737 of 2023 2.The brief facts are as follows:- 3. The petitioner/husband had filed HMOP No.5257 of 2019 on the file of the aforesaid Court against the respondent/wife seeking divorce on the ground of cruelty. He had obtained an ex-parte decree for divorce on 06.04.2022. The respondent/wife had thereafter filed an application to set aside the ex-parte decree with a petition for condoning the delay of 192 days. 4. In the affidavit filed in support of the said application, the respondent/wife would submit that she had been subjected to various cruelties and mental torture at the hands of the husband and while she was pregnant, she was sent out from her matrimonial home in September 2018. Thereafter, she had given birth to a girl child on 04.07.2019. At this juncture, she had been served with a notice in the above HMOP. The respondent/wife would submit that when she had approached the Court, the parties were directed to settle the dispute through mediation and it was agreed that the petitioner and the 2/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.1737 of 2023 respondent will live together at Arumbakkam from December 2020. Thereafter, she was informed by the petitioner/husband that the divorce petition would consequently be dismissed as infructuous in view of the fact that they had started living together. However, the respondent/wife would submit that once again the petitioner/husband had resorted to his old habits of torturing the respondent/wife and ultimately she had to leave the matrimonial home on 04.07.2021 and since then she has not been given any maintenance. 5. The respondent/wife would submit that she had not further contested the HMOP as she was under the mistaken belief that since the parties had compromised the matter, the same would not be proceeded with and it is only when the respondent/wife approached the legal aid to initiate maintenance case against the petitioner/husband that she had come to learn about the ex-parte decree of divorce. Therefore, she had come forward with the application for setting aside the ex-parte order. However, in the interregnum, a delay of 192 days have occurred. 3/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.1737 of 2023 6. In this application, notice was directed to the petitioner/husband on 03.12.2022, and the matter was directed to be listed on 13.01.2023. On 13.01.2023, since holiday had been declared the matter was re-posted to 19.01.2023. On 19.01.2023, without giving time to the petitioner/husband to even contest the application since notice was served, he was called absent and set ex parte and the petition was allowed. Aggrieved by the same, the petitioner is before this Court. 7. Heard the counsel on either side and perused the records. 8. Taking note of the fact that the impugned order has been passed without giving an opportunity to the petitioner/husband to put forth his case for opposing the delay petition, the impugned order is set aside and the matter is remitted back for fresh consideration. The learned I Additional Principal Family Court, Chennai shall issue notice to both parties and thereafter pass orders following due process of law. 4/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.1737 of 2023 9. Accordingly, the Civil Revision Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 03.04.2025 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No To 1.The I Additional Principal Family Court, Chennai 5/6 https://www.mhc.tn.gov.in/judis CRP(PD).No.1737 of 2023 P.T. ASHA . J., (shr) CRP.(PD).No.1737 of 2023 and CMP.No. 11249 of 2023 03.04.2025 6/6 https://www.mhc.tn.gov.in/judis