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2026 DAILYLAW 59456 (MAD)

G.SURENDER v. NIL

CRP/4936/2026 · 2026-08-19

N Anand Venkatesh

Transfer Petitionbody2026

Judgment text

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CRP No. 4936 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE N. ANAND VENKATESH CRP No. 4936 of 2026 1. G.Surender 2. G.Rajeswari ..Petitioner(s) Vs Nil ..Respondent(s) Civil Revision Petition filed under Article 227 of the Constitution of India praying to direct the learned Subordinate Judge, Ranipet to number the Docket order petition unnumbered IA(SR) No.01/2026 in Unnumbered HMOP (SR) No. 108/2026 in CNR No. TNRP030001022026 dated 09.02.2026. For Petitioner(s): Mr.L.Ram Kumar ORDER This Civil Revision Petition has been filed under Article 227 of the Constitution of India praying to direct the Subordinate Judge to number the Interlocutory Application filed by the petitioners permitting the petitioners to file HMOP for the relief of mutual divorce before the expiry of one year from the date of marriage. 2.This Court heard the learned counsel appearing for the petitioners and carefully perused the materials available on record. https://www.mhc.tn.gov.in/judis CRP No. 4936 of 2026 __________ Page2 of 4 3.The grievance of the petitioners is that their marriage was solemnized on 31.10.2025 and both of them found that it was incompatible to continue the relationship and accordingly, decided to move the petition for dissolution of marriage by mutual consent. Since the petition was filed within the period of one year, the petitioners filed an Interlocutory Application under Section 14 (1) of the Hindu Marriage Act, 1955 to permit the petitioners to file the HMOP before the expiry of one year. The said application was not entertained and it was returned. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court. 4.The proviso to Section 14 (1) of the Hindu Marriage Act, 1955 provides for filing such a petition before the expiry of one year when the parties are able to make out a case of exceptional hardship. Therefore, the Court below ought to have entertained the application and considered if it falls within the proviso to Section 14 (1) of the Act. 5.In view of the above, there shall be a direction to the Court below to entertain the Interlocutory Application filed by the petitioners and deal with the same in accordance with law. Registry is directed to return back the original application filed to the learned counsel for the petitioners in order to enable the petitioners to re-present the application before the Court below. https://www.mhc.tn.gov.in/judis CRP No. 4936 of 2026 __________ Page3 of 4 6.The Civil Revision Petition is disposed of in the above terms. No costs. 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SLI To The Subordinate Judge, Ranipet. https://www.mhc.tn.gov.in/judis CRP No. 4936 of 2026 __________ Page4 of 4 N.ANAND VENKATESH, J. SLI CRP No. 4936 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis