C.R.P.(PD).No.1128 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2023

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

C.R.P.(PD).No.1128 of 2021

and C.M.P.No.8742 of 2021

Umamaheswari @ Chellyaha

...Petitioner

Vs.

Dilipkumar

...Respondent

Prayer: Civil Revision Petition filed under Article 227 of Constitution of

India, against F.C.O.P.No.116 of 2021 on the file of the Family Court,

Vellore to strike of the petition on the ground of res-judicata.

For Petitioner

: Mrs.V.Jayalakshmi

for Mr.G.V.Sridharan

For Respondent : Mr.B.Jawahar

O R D E R

The Civil Revision Petition has been filed by the petitioner seeking

to strike of the petition on the ground of res-judicata in F.C.O.P.No.116

of 2021 on the file of the Family Court, Vellore.

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C.R.P.(PD).No.1128 of 2021

2.The case of the petitioner is that the petitioner is the wife and the

respondent is the husband. The marriage between the petitioner and the

respondent was solemnized as per Hindu religious rites and customs on

12.09.2014. Out of the wedlock, one female child was born to them. The

respondent is a B.E. Graduate and doing jaggery business which is

ancestral business of the respondent's family. The petitioner is a M.B.A.

Graduate and worked with the Bank of Ceylone at Chennai prior to her

marriage.

(i).F.C.O.P.No.3 of 2016 was filed by the petitioner therein under

Section 13(1)(i-a) of Hindu Marriage Act to dissolve the marriage which

was held on 12.09.2014 between the petitioner and the respondent on the

ground of cruelty and for costs.

(ii).I.A.No.340 of 2017 was filed by the petitioner herein seeking

for a direction to direct the respondent to pay the petitioner a sum of

Rs.50,000/- per month towards interim maintenance and Rs.25,000/- per

month towards maintenance of her child and to pay a sum of Rs.10,000/-

towards litigation expenses.

3.Learned counsel for the petitioner would submit that entertaining

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C.R.P.(PD).No.1128 of 2021

of F.C.O.P.No.116 of 2021 filed by the respondent before the learned

Family Court Judge is clearly abuse of process of law and without

jurisdiction and non-application of mind. He would submit that the

learned Family Court Judge ought not to have entertained.

F.C.O.P.No.116 of 2021 since the respondent has totally suppressed

earlier proceedings in F.C.O.P.No.3 of 2016 filed under Section 13(i)(a)

of the Hindu Marriage Act, 1955 seeking for divorce on the ground of

cruelty and the same was dismissed.

4.He would further submit that the learned Family Court Judge

ought not to have entertained F.C.O.P.No.116 of 2021 since the earlier

F.C.O.P.No.3 of 2016 is contested and in its entirety, the same was

dismissed, later the same was confirmed in C.M.A.No.1978 of 2018. The

petitioner has filed a petition in F.C.O.P.No.116 of 2021 on the ground

that desertion is either sustainable in law or on the facts and liable to be

dismissed.

5.Learned counsel for the respondent would submit that right from

the beginning, the marital life between the petitioner and the respondent

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C.R.P.(PD).No.1128 of 2021

was not peaceful and the petitioner herein left the matrimonial home in

the year 2014 and she was in the custody of her parents. He would

submit that the petitioner herein spoiled the name of the respondent by

spreading false allegations against him and the respondent for the sake of

his family, tolerated all the cruelled acts of the petitioner. He would

further submit that there is absolutely no chance of his reunion and the

marriage between the respondent and the petitioner is practically dated

and had been irretrievable broken down.

6.Heard learned counsel for the petitioner and learned counsel for

the respondent and peruse