C.R.P. Nos. 3600 & 3603 of 2023

C.R.P. Nos. 3600 & 3603 of 2023

T.V.THAMILSELVI, J.

This matter is taken up for hearing under the caption “For Being

Mentioned” today at the instance of the learned counsel for the revision

petitioners.

2. The learned counsel for Revision Petitioners would submit

that this Court by an order dated 09.10.2023 disposed of the above

C.R.P.s. However, the learned counsel would submit that in the orders,

while granting time to pay arrears of maintenance, it was mentioned as

six weeks instead of four weeks. Accordingly, the matters are listed

today.

3. Heard the contentions of learned counsel for revision

petitioners and perused the order.

4. Considering his submissions, para 5 of the orders in both

C.R.P.s shall be substituted as follows :-

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C.R.P. Nos. 3600 & 3603 of 2023

C.R.P.No. 3600 of 2023

“5. On perusal of the records, it reveals that the both the

husband and wife are entitle to submit their evidence since

this is a matrimonial issue husband not cooperated for the

case though the evidence was started. Now, the petitioner had

complied with the first condition of the Court on the next day

of the order and filed affidavit before the Trial Court which

itself shows that he is inclined to proceed with the trial, if

opportunity is not given to the petitioner his valuable right to

defend the case will be defeated. Hence, the order passed by

the Trial Court in CRL. MP No. 1875 of 2023 in DVC No. 27

of 2021 is set aside. Further, the Trial Court is directed to

dispose the case as early as possible preferably within a

period of three months. With regard to arrears of maintenance

the revision petitioner is directed to pay arrears of

maintenance to the respondent within a period of four weeks.

With regard to third condition issued by the Court the parents

need not be complied with at present.”

C.R.P.No. 3603 of 2023

“5. On perusal of the records, it reveals that the both the

husband and wife are entitle to submit their evidence since

this is a matrimonial issue husband not cooperated for the

case though the evidence was started. Now, the petitioner

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C.R.P. Nos. 3600 & 3603 of 2023

had complied with the first condition of the Court on the next

day of the order and filed affidavit before the Trial Court

which itself shows that he is inclined to proceed with the

trial, if opportunity is not given to the petitioner his valuable

right to defend the case will be defeated. Hence, the order

passed by the Trial Court in CRL. MP No. 5367 of 2023 in

DVC No. 27 of 2021 is set aside. Further, the Trial Court is

directed to dispose the case as early as possible preferably

within a period of three months. With regard to arrears of

maintenance the revision petitioner is directed to pay arrears

of maintenance to the respondent within a period of four

weeks. With regard to third condition issued by the Court the

parents need not be complied with at present.”

5. Registry is directed to incorporate above correction in the

Orders of this Court in both C.R.P.Nos. 3600 & 3603 of 2023 dated

09.10.2023 and issue fresh order copies to the Revision Petitioners.

07.11.2023

rpp

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T.V.THAMILSELVI, J.

rpp

C.R.P. Nos.3600 & 3603 of 2023

07.11.2023

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C.R.P. Nos. 3600 & 3603 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.10. 2023

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

CRP No. 3600 of 2023

& CMP No. 22535 of 2023

1.Ashish Jain

2.Usha Jain

3.Parasmal Jain

...Petitioners

Vs.

Nikita Jain

....Respondent

PRAYER : This Civil Revision Petition is filed under Artcile 227 of

Constitution of India, to set aside the order dated 17.05.2023 of the VIII

Metropolitan Magistrate, George Town, Chennai made in CRL. MP. No.

1875 of 2023 in DVC No.