IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.11.2021 CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP (NPD) No.2388 of 2021 V.P.Harish Kumar ... Petitioner Vs Abinaya ... Respondent Prayer: The Civil Revision petition filed under Article 227 of Constitution of India, against the rejection of UN FCOS SR.No.1424 of 2021, dated

04.10.2021 passed by the learned Family Judge, Vellore District.

For Petitioner : Mr.B.Gopalakrishnan

O R D E R

This Revision is directed against the order of the Family Court, Vellore, dated 04.10.2021 wherein the Family Court has rejected the suit filed by the petitioner seeking declaration that the marriage between the petitioner and the respondent held on 29.10.2020 is valid and they are husband and wife. The learned Judge has rejected the petition on the ground that there is no proof of solemnisation of marriage.

2. Rejection of the suit for declaration for absence of proof is not contemplated under the Code of Civil Procedure. The Court cannot reject the suit for absence of proof. The Court has to assume that the averments made in the plaint are true and proceed with the same while numbering the suit. This Court had laid down elaborate guidelines for