Extracted from the PDF above. The PDF is authoritative.
C.R.P(PD)No.2243 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated :07.04.2025
Coram:
THE HONOURABLE Ms. JUSTICE P.T.ASHA C.R.P(PD)No.2243 of 2024 and C.M.P.No.11795 of 2024 1.Nishanthi, S/o Ashok, Aged about 30 years, Residing at Door No.87, 3rd Cross Street, Rajam Nagar, Thirupathiripuliyur, Cuddalore Taluk and District. ..Petitioner/Respondent/Petitioner /versus/ 1.Printhi, D/o Rajkumar, Aged about 29 years, Residing at No.28, Anna Nagar, Dindugal District 624 601. ..Respondent/Petitioner/Respondent Civil Revision Petition has been filed under Section 227 of the Constitution praying to set aside the fair and decretal passed I.A.No.527 of 2023 in H.M.O.P.No.304 of 2020, dated 16.03.2024 on the file of the Court of Judge, Family Court, Cuddalore. 1/4 https://www.mhc.tn.gov.in/judis
C.R.P(PD)No.2243 of 2024 For Petitioner :Mr.G.Murugendran For Respondent :Mr.R.R.Pradheep
ORDER Aggrieved by the fact that the learned Family Judge, Family Court, Cuddalore, had set aside the exparte decree passed on 12.02.2021 in H.M.O.P.No.304 of 2020, the respondent/husband, who is the petitioner herein, is before this Court. 2.Heard the learned counsel on either side and perused the materials of the case. 3.The records would indicate that the petitioner/wife had been set exparte on 12.02.2021. She had filed an application to set aside the exparte decree along with the application to condone the delay of 445 days in filing the application to set aside the exparte decree. This application was numbered as I.A.No.452 of 2022 and allowed on costs on 27.07.2023.
4. The petitioner/wife had also remitted the cost of Rs.500/- as
directed by the Court. Thereafter, the petitioner/wife had filed an 2/4 https://www.mhc.tn.gov.in/judis
C.R.P(PD)No.2243 of 2024 application in I.A.No.527 of 2023 for setting aside the exparte order which is only a consequential order. The said application was allowed.
5. The reason stated in both the applications for condone delay as well as for setting aside the exparte order are one and the same. Since the Court was convinced with the reasons given while condoning the delay, the same facts would enure to this application and consequently, this Court finds no reason to interfere with the order passed of the learned Family Judge, Cuddalore, in I.A.No.527 of 2023. Hence, this Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is also closed. No costs. 07.04.2025 Index:Yes/No Speaking order/non speaking order Neutral Citation:yes/no ari To: The Family Court, Cuddalore. 3/4 https://www.mhc.tn.gov.in/judis
C.R.P(PD)No.2243 of 2024 P.T.ASHA, J. ari C.R.P.(PD)No.2243 of 2024 and C.M.P.No.11795 of 2024 07.04.2025 4/4 https://www.mhc.tn.gov.in/judis