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2024 Supreme(Online)(MAD) 12718

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.ILANGOVAN
Dinesh kumar – Appellant
Versus
K.Nathiya – Respondent


O R D E R

This civil revision petition has been filed seeking to set aside the fair and decreetal order, dated 11/08/2023 passed in IA No.377 of 2022 in HMOP No.85 of

2019 on the file of the Subordinate Judge, Paramakudi.

2.The facts in brief:-

HMOP No.85 of 2019 was filed by the petitioner seeking the relief of divorce on the ground of cruelty. The respondent appeared, filed her counter and when the process was underway, he has taken out a petition in IA No.377 of 2022 to file a counter claim with the following allegations:-

“In the counter claim, she has stated that she is willing for reunion. Since, she is willing for reunion, additional counter now filed, must be received.”

3.That came to be resisted by the petitioner stating that there is long delay in filing the additional counter. Since already enquiry commenced, it is not permitted under law.

4.The petition filed by the respondent was allowed by the trial court stating that since, it is the matrimonial issue between the parties, even the additional counter is received, no prejudice will be caused.

5.Against which, this civil revision petition is preferred.

6.Heard both sides.

7.The learned counsel appearing for the petitioner would s

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