IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice R.SURESH KUMAR
Vinod – Appellant
Versus
Tamilarasi – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated:10.12.2025 CORAM:
THE HON'BLE Mr.JUSTICE R.SURESH KUMAR AND THE HON'BLE Mr.JUSTICE P.DHANABAL Review Application No.154 of 2025 in C.M.A.No.448 of 2019 Vinod ... Review Applicant Vs Tamilarasi …Respondent Prayer :
The Review Application filed under Order 47 Rule 1 r/w Section
114 of Civil Procedure Code to review the order dated 01.08.2025 passed in C.M.A.No.448 of 2019.
For Review Applicant : Mr.B.Vijay for Mr.M.R.Kuyilan For Respondent : No appearance
O R D E R
(Order of the Court was made by P.DHANABAL,J.,)
This Review Application has been filed by the applicant / husband to review the order passed by this Court in C.M.A.No.448 of 2019 dated
01.08.2025.
2. The learned counsel appearing for the review applicant would submit as follows:-
(i) The Review Applicant is the husband and the respondent is the wife of the Review Applicant and their marriage was soleminised on 28.05.2014 at Trichy, thereafter, due to misunderstanding, a matrimonial dispute had arisen between them. The respondent / wife caused cruelty towards the applicant and she used to send messages and speak with one third party, when the same was questioned by the applicant, the respondent used to pickup quarrel with him. The respondent very often threatened to commit suicide and on 26.11.2015 attempted to commit suicide. On 12.12.2015, the respondent was chatting with the said person and when the same was questioned, she stated that she could speak as her wish and the applicant cannot question the same and thereafter, she left the matrimonial home on 28.02.2016 without any valid reasons. When the applicant approached the parents of the respondent, the respondent along with her parents threatened the applicant to lodge a complaint, as if the applicant abused her with caste name and also abused the applicant with filthy language and therefore, committed cruelty, thereby filed a petition seeking divorce in H.M.O.P.No.38 of 2010 on the file of Sub Court, Ariyalur. Thereafter, the said petition has been transferred to the Family Court, Ariyalur in FC.H.M.O.P.No.40 of 2017. Before the Family Court, Ariyalur, on the side of the applicant, he was examined as P.W.1 and marked Exhibit P.1. On the side of the respondent, she was examined as R.W.1 and marked Exhibits Ex.R.1 to R.6 and the Family Court, Ariyalur has dismissed the petition. Aggrieved by the said Judgment and decreetal order, the applicant has preferred an appeal before this Court in C.M.A.No.448 of 2019.
(ii) During the pendency of the said appeal, both the parties entered into compromise and as per the said compromise, the respondent received a sum of Rs.25 Lakhs through Demand Draft, agreed to withdraw all the pending proceedings and also agreed to grant decree of divorce and stated that she has no objection to grant divorce by setting aside order passed in FC.H.M.O.P.No.40 of 2017 dated 15.11.2018. The said compromise memo was filed before this Court and thereafter, this Court, passed an order dated 01.08.2025 by recording the compromise memo and permitted the parties to approach the trial court by filing petition under Section 13B of the Hindu Marriage Act and on the said application directed the parties to seek waiver for six months statutory period provided under the Act. After receipt of amount of Rs.25 Lakhs, signing the compromise memo and after consented for decree of divorce, the respondent is not co-operating for filing an application under Section 13B of Hindu Marriage Act. When the parties agreed for dissolution of marriage by setting aside the decree and judgment passed by the trial court and consented for grant of divorce, this Court passed an order by directing the parties to approach the trial court under Section 13B of Hindu Marriage Act, and now the respondent has refused to sign the application for mutual consent of divorce, hence the petitioner filed this Review Application to review the order passed by this Court.
(iii) Further, the learned counsel
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