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2026 DAILYLAW 50110 (MAD)

D.Dwarakesh v. Manisha Dwarakesh

CRP/4145/2026 · 2026-07-15

Abdul Quddhose

Transfer Petitionbody2026

Judgment text

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CRP No. 4145 of 2026 ____________ Page No.1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15-07-2026 CORAM THE HON'BLE MR JUSTICE ABDUL QUDDHOSE CRP Nos. 4145 & 4148 of 2026 AND CMP Nos. 18121 & 18127 OF 2026 D.Dwarakesh ..Petitioner in both CRPs Vs Manisha Dwarakesh ..Respondent in both CRPs Prayer in CRP No. 4145 of 2026 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the order dated 02.07.2026 passed in I.A.No.16 of 2026 in O.P.No.3371 of 2024 on the file of the learned I Additional Principal Family Court, Chennai by allowing this Civil Revision Petition. Prayer in CRP No. 4148 of 2026 : Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the order dated 02.07.2026 passed in I.A.No.15 of 2026 in O.P.No.3371 of 2024 on the file of the learned I Additional Principal Family Court, Chennai by allowing this Civil Revision Petition. https://www.mhc.tn.gov.in/judis CRP No. 4145 of 2026 ____________ Page No.2 of 6 In both CRPs : For Petitioner : Mr.A.Saravanan For Respondent : Ms.P.Srividhya ***** COMMON ORDER These Civil Revision Petitions have been filed challenging the impugned orders both dated 02.07.2026 passed in I.A.No.16 of 2026 and I.A.No.15 of 2026 in O.P.No.3371 of 2024 on the file of the I Additional Principal Family Court, Chennai. 2. The impugned orders were passed allowing the applications filed by the petitioner to re-open and recall the cross-examination of R.W.1 on payment of a cost of Rs.5,000/- each in I.A.No.16 of 2026 and I.A.No.15 of 2026. There was a delay on the part of the petitioner, who is the husband, to pay the cost to the respondent, who is his wife and therefore, the trial court dismissed both the interlocutory applications, namely I.A.No.16 of 2026 and I.A.No.15 of 2026. 3. Learned counsel for the petitioner would submit that immediately after the final date fixed for payment of cost, the petitioner had paid the cost to the https://www.mhc.tn.gov.in/judis CRP No. 4145 of 2026 ____________ Page No.3 of 6 respondent by way of “Gpay”, but the same was returned back to the petitioner by the respondent. On instructions, he would submit that the petitioner is willing to pay the cost as stipulated under the impugned orders to the respondent and the petitioner is also willing to cross-examine R.W.1 on the specified date fixed by this Court. The undertaking given by the petitioner through the learned counsel for the petitioner is recorded by this Court. 4. On the other hand, the learned counsel appearing for the respondent would submit that the petitioner has been delaying the disposal of O.P.No.3371 of 2024 by filing application after application. She would submit that a specific direction was issued by this Court in another revision directing the I Additional Principal Family Court, Chennai to dispose of the aforesaid OP on or before 30.07.2026. 5. Since the learned counsel for the petitioner on instructions has given an undertaking that the petitioner is willing to cross-examine R.W.1 on the specified date fixed by this Court, this Court is of the considered view that on payment of cost of Rs.5,000/- each in respect of each of the interlocutory applications as directed by the court below, the petitioner shall be permitted to https://www.mhc.tn.gov.in/judis CRP No. 4145 of 2026 ____________ Page No.4 of 6 cross-examine R.W.1 on the specified date fixed by this Court and this Court can also make it clear in this order that if the petitioner fails to cross-examine R.W.1 on the specified date fixed by this Court, the defences of the petitioner in O.P. shall be struck off. Learned counsel for the petitioner, on instructions has no objection for this Court to put the petitioner on terms as indicated supra to enable the petitioner to cross-examine R.W.1 on the specified date fixed by this Court after payment of cost as ordered by the court below through the impugned orders. Learned counsel for the respondent has also not raised any serious objection if such an order as indicated supra is passed by this Court. 6. Accordingly, these Civil Revision Petitions are disposed of by setting aside the impugned orders both dated 02.07.2026 passed by the I Additional Principal Family Court, Chennai in I.A.No.15 of 2026 and I.A.No.16 of 2026 in O.P.No.3371 of 2024 on condition that the petitioner pays the costs of Rs.10,000/- to the respondent on or before 16.07.2026 and the petitioner cross- examines R.W.1 on 24.07.2026, failing which, the defences raised by the petitioner in O.P.No.3371 of 2024 shall be struck off and these Civil Revision Petitions shall stand automatically dismissed. The trial court, namely the I Additional Principal Family Court, Chennai, after completion of the cross- https://www.mhc.tn.gov.in/judis CRP No. 4145 of 2026 ____________ Page No.5 of 6 examination of R.W.1 by the petitioner, shall hear the arguments in O.P.No.3371 of 2024 and dispose of the O.P.No.3371 of 2024 as per the directions of this Court in C.R.P.No.1524 of 2026, dated 26.03.2026. No costs. Consequently, the connected miscellaneous petitions are closed. 15-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sp To The I Additional Principal Family Court, Chennai. https://www.mhc.tn.gov.in/judis CRP No. 4145 of 2026 ____________ Page No.6 of 6 ABDUL QUDDHOSE J. sp CRP Nos. 4145 & 4148 of 2026 AND CMP Nos. 18121 & 18127 of 2026 15-07-2026 https://www.mhc.tn.gov.in/judis