##PAGE1##

CRP No. 2036 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2026

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

CRP No. 2036 of 2026 AND

CMP No. 9051 of 2026 S.Gowri

W/o.Ramakrishnan, No.109. 11th Street,

Vinobhaji Nagar, Hastinapuram,

Chrompet, Chennai 600 064.

..Petitioner(s)

Vs K.Ramakrishnan

S/o.Kubendran, No.81 Erneeswaran Koil Street,

Ernavoor, Kattivakkam,

Chennai 600 057.

..Respondent(s)

CMP No. 9051 of 2026 S.Gowri

W/o.Ramakrishnan, No.109. 11th Street,

Vinobhaji Nagar, Hastinapuram,

Chrompet, Chennai 600 064.

..Appellant(s)

Vs K.Ramakrishnan

S/o.Kubendran, No.81 Erneeswaran Koil Street,

Ernavoor, Kattivakkam,

Chennai 600 057.

__________

Page1 of 6

https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2026 03:54:48 pm )

CRP No. 2036 of 2026

..Respondent(s)

CRP No. 2036 of 2026 To directing the Learned Prinicpal Family Court, Chennai to first

number and hear the IA SR.No.335 of 2026 for recall and reopening of the evidence of the respondent (husband) and permit the petitioner to file proof affidavit before proceeding to hear and conclude the arguments in the main HMOP.No.3447 of 2024 pending on the file of the Principal Family Court,

Chennai

CMP No. 9051 of 2026 To stay all further proceedings pending on the file of the

HMOP.No.3447 of 2024 pending on the file of the Principal Family Court, Chennai, pending disposal of the above CRP.

CRP No. 2036 of 2026 For Petitioner(s): Mri.V.Vijayashankar

For Respondent(s):

ORDER

This Civil Revision Petition has been filed to direct the Learned Principal

Family Court, Chennai to first number and hear the IA SR.No.335 of 2026 for recall and reopening of the evidence of the respondent (husband) and permit the petitioner to file proof affidavit before proceeding to hear and conclude the arguments in the main HMOP.No.3447 of 2024 pending on the file of the

Principal Family Court, Chennai.

__________

Page2 of 6

https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2026 03:54:48 pm )

CRP No. 2036 of 2026

2.The learned counsel for the petitioner would submit that the respondent-

husband filed HMOP No.3447 of 2024 seeking for Divorce from the petitioner on the file of the Principal Family Court, Chennai on the ground of cruelty act. The petitioner filed counter statement in the aforesaid case. Later, the petitioner has filed O.P.No.39 of 2026 seeking for restitution of conjugal rights on the file of the Principal Sub-Court Alandur, Chengalpet. During the pendency of HMOP case, the petitioner cross examined the respondent-husband and later, the matter was adjourned on various dates. Due to inconvenience of previous counsel, the petitioner engaged another advocate by change of vakkalat. When the aforesaid HMOP case came up on 21.11.2025 for hearing, the advocate sought permission of the Trial Court to cross examine the respondent-husband. However, the Trial Court refused the permission and abruptly closed the cross examination of P.W1 and thereafter, the respondent side evidence was also closed since proof affidavit was not filed. In the meanwhile, the petitioner filed interlocutory applications seeking for recall and reopening of the evidence of P.W1. (the respondent herein) and interim maintenance from the respondent- husband. However, the same were not numbered and pending before the Trial

Court.

3. It has been further submitted that the Family Court committed a gross

error and serious illegality in hastily closing the petitioner’s side evidence, even without filing of proof affidavit which has virtually frustrated the petitioner’s

__________

Page3 of 6

https://www.mhc.tn.gov.in/judis ( Uploaded on: 02/06/2026 03:54:48 pm )

CRP No. 2036 of 2026

right to present her version of the case. Similarly, the Family Court has not taken another interlocutory application filed under Section 24 of the Hindu Marriage Act, seeking for interim maintenance. Thus, the Family Court has deprived the fair and due opportunity of the petitioner to establish her case. Hence, he seeks necessary direction of