IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 04.01.2024 CORAM THE HONOURABLE MR. JUSTICE V. SIVAGNANAM C.R.P.NOS.5004 & 5005 OF 2023 & CMP.NOS.29213 & 29208 OF 2023 Mr. M. Kanagaraj (cause title accepted vide court order dated 18.12.2023 made in CMP.No.18014/2023 in CRP.SR.90116/2023) .. Petitioner in both CRPs.

Vs

1. Mr. S. Arulselvam

2. Mrs.K.Punitha .. Respondents in both CRPs Prayer in CRP.No.5004 of 2023: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the adjudication dated 07.07.2023 in HMOP.No.3079 of 2016 passed by the learned II Additional Judge, Family Court, Chennai.

Prayer in CRP.No.5005 of 2023: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the adjudication dated 30.06.2023 in GWOP.No.2607 of 2022 passed by the learned II Additional Judge, Family Court, Chennai.

For Petitioner : Mr.P.S. Vijayakumar

COMMON ORDER

These Civil Revision Petitions have been filed challenging the adjudication dated 30.06.2023 in GWOP.No.2607 of 2022 and adjudication 07.07.2023 in HMOP.No.3079 of 2016 passed by the learned II Additional Judge, Family Court, Chennai.

2. The learned counsel for the petitioner submitted that the petitioner is the father in law of 1^st respondent. The 2^nd respondent is the ex-wife of 1^st respondent. The 1^st respondent husband obtained an exparte decree against the 2^nd respondent wife in HMOP.No.3079 of 2016 on the file of II Addl. Family Court, Chennai on 27.07.2021 and the same is now challenged under I.A.No.3 of 2022 in I.A.No.1 of 2021 in H.M.O.P.No.3079 of 2016 to set aside the same and the said I.A. was dismissed on 03.10.2019. On 02.12.2021, the 1^st respondent performed second marriage with one Uma. The 2^nd petitioner wife filed reopen petition in exparte order passed in divorce petition. He further submitted that their minor daughter aged 6 years was handed over to the 2^nd respondent wife, but the first son aged 8 years was with his father, i.e., 1^st respondent husband. The 2^nd respondent wife filed GWOP.No.2607 of 2022 before the II Addl. Family Court, Chennai seeking custody of her first son Dinesh Pandian. The 1^st respondent husband filed I.A.No.3 of 2023 in GWOP.No.2607 of 2022 praying to direct the 2^nd respondent and her daughter Kaviya to appear before the Registered Psychiatrist. The Family Court, by order dated 30.06.2023 directed the 2^nd respondent wife to undergo medical treatment accompanied by the 1^st respondent husband and upon forcible consent of the 2^nd respondent, she was sent along with her divorced ex-husband, which according to the petitioner, is illegal and unlawful. Based on the consent of the second respondent wife to go along with the 1^st respondent husband, the II Addl. Family Judge, Chennai, by order dated 07.07.2023, once again referred the matter to DMC for amicable settlement.

3. He further submitted that the 1^st respondent husband had already obtained divorce and had got secondly married with one Uma and has been living with her. The consent of the 2^nd respondent wife, who was already mentally ill due to depression cannot be considered as a valid consent for going along with the ex-husband for treatment. That apart, taking advantage of the 2^nd respondent's mental illness, there is great chance that the 1^st respondent would induce her to withdraw the cases filed against him and his family. For the foregoing reasons, he prayed for setting aside the impugned orders dated 30.06.2023, 07.07.2023 passed in GWOP.No.2607 of 2022 and HMOP.No.3079 of 2016 respectively and for allowing these Civil Revision Petitions.

4. Heard the learned counsel for the petitioner and perused the impugned orders passed by the trial court.

5. Perusal of records would reveal that the 1^st and 2^nd respondents are husband and wife and they are having two children aged 6 years and 8 years. Now the 1^st petitioner got exparte decree of divorce from the 2^nd respondent in HMOP.No.3079 of 2016 and got secondly married with one Uma. The 1^st r