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2026 DAILYLAW 46394 (MAD)

D.ARUNADEVI v. NIL

CRP/3477/2026 · 2026-06-30

P B Balaji

Transfer Petitionbody2026

Judgment text

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CRP No. 3477 of 2026 __________ Page1 of 3 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CRP No. 3477 of 2026 1. D.Arunadevi 2. P.Periyasamy ..Petitioner(s) Vs NIL ..Respondent(s) PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Docket Orders dated 20.04.2026 passed by the learned Principal Judge, Family Court, Chennai in HMOP SR.No.1808 of 2026, whereby the petition filed by the petitioners for dissolution of marriage by mutual consent under Section 13B of the Hindu Marriage Act, 1955 was returned as not maintainable and consequently, direct the Family Court to take the same on file, number it and dispose of the petition in accordance with law. For Petitioner(s): Mrs.G.Durgadevi Order The petitioners are husband and wife. They had challenged the order return of the HMOP, filed under Section 13-B of the Hindu Marriage Act, 1955. 2. According to the petitioners, admittedly, the OP has been presented within a period of one year. However, reliance has been placed on the https://www.mhc.tn.gov.in/judis CRP No. 3477 of 2026 __________ Page2 of 3 judgments of this Court as well as the Hon'ble Supreme Court to maintain the Application within a period of one year, which normally is not permissible under Section 13-B for the Hindu Marriage Act. I had an occasion to deal with similar issue in CRP. No.5815 of 2026 by order dated 28.11.2025, in the case of Mrs.Rajakumari (Wife) and another Vs. NIL, the facts of this case also quite similar to the facts of the present case. 3. In the light of the above, the order of return in HMOP SR.No.1808 of 2026 on the file of the Principal Judge, Family Court, Chennai is set aside. The Family Court shall number the HMOP under Section 13-B of the Hindu Marriage Act, if it is otherwise in order without putting the statutory bar under Section 13-B of Act against the petitioners and dispose of the same as expeditiously as possible. 4. With the above direction, this Civil Revision Petition is allowed. No costs. 30-06-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The Principal Judge, Family Court, Chennai. https://www.mhc.tn.gov.in/judis CRP No. 3477 of 2026 __________ Page3 of 3 P.B.BALAJI J. RKP CRP No. 3477 of 2026 30-06-2026 https://www.mhc.tn.gov.in/judis