B Lingusamy v. N Aruna

ORDER The petitioner/husband challenges the order passed under Order XI Rule 13 CPC, which was an application filed by the petitioner to set aside the ex parte decree of divorce granted on 05.04.2022. The application was contested by the respondent/wife and ultimately, the Principal Subordinate Court, Kancheepuram, dismissed the application with costs of Rs.3,000/- invoking Section 35A of the Code of Civil Procedure, 1908. Aggrieved by the said order, the husband is before this Court.

¶2The grievance of the petitioner/husband is that the wife has made false averments and allegations imputing the character of the petitioner/husband and in the course of arguments, learned counsel for the petitioner brought to my notice that the husband does not intend to disturb the decree for dissolution of marriage provided the offending allegations that have been made against the petitioner/husband are withdrawn by the respondent/wife. The learned counsel for the respondent was, therefore, directed to get instructions as to whether the wife is willing to file an affidavit withdrawing the allegations made imputing the character of the petitioner/husband. The respondent/wife, agreeable to the same, has also filed an affidavit dated 15.10.2025. Paragraph 6 of the affidavit is extracted hereunder: "6. I submit that in view of the subsequent events, I pray this Hon'ble Court to permit me to withdraw the following averments made in para No.4 and 5 of my petition in H.M.O.P.No.97 of 2020 filed before the learned Principal Subordinate Court, Kancheepuram:-

¶4........ jpUkzk; Md ehspy; ,Ue;J vjph;kDjhuh; "

kDjhuUld; rhpahd Kiwapy; ngrhkYk; gHfhkYk; mtUld; mDruizahf ,y;yhkYk;/ mtiu ve;j neuKk; jhk;gj;jpa cwt[f;F kl;Lnk gad;gLj;jpf; bfhs;Sk; xU ,ae;jpukhf gad;gLj;jp te;Js;sPh;fs;. nkYk; kDjhuiu vjph;kDjhuhpd; tPl;oy; cs;s egh;fs; cs;gl ahhplKk; ngrf;TlhJ vd;Wk; mtUila bgw;nwhh;fsplKk; Tl ngrf;TlhJ vd;Wk; fl;Lg;ghL tpjpj;Js;shh;. Vjph;kDjhuhpd; ,e;j brayhy; kDjhuUf;F kpFe;j kd ciyr;ry; Vw;gl;L mjd; fhuzkhf clypy; gy;ntW ghjpg;g[fs; Vw;gl;lJ.

5.

.........

vjph;kDjhuhpd;

,k;khjphpahd bray;fshy; ghjpf;fg;gl;l kDjhuh; mtUila bgw;nwhh; tPl;ow;F bry;yg;nghtjhf TwpanghJ mthpd; fhiy gpoj;Jf;bfhz;L tPl;il tpl;L btspna nghff;TlhJ vd;Wk; ,J gw;wp ahhplKk; Twf;TlhJ vd;W Twpa[k; mGJ Mh;ghl;lk; bra;Jk; kdepiy

ghjpf;fg;gl;lth;

nghy

ele;J bfhz;Ls;shh;.

Vjph;kDjhuhpd;

,j;jifa eltof;ifahy; gae;Jnghd kDjhuh; jkJ bgw;nwhhplk; ,Jgw;wp Twp vjph;kDjhuUf;F kdey Mnyhrid vLj;Jf;bfhs;tjw;fhf vjph;kDjhuiu fh";rpg[uk; kPdhl;rp kUj;Jt kidf;F fle;j 2019k; Mz;L Mf!;l; khjKk; kw;Wk; 2020k; Mz;L gpg;uthp khjj;jpYk; miHj;Jr; brd;W m';F mtUf;F chpa kdey Mnyhrid tH';fg;gl;lJ ."

¶3In the light of the above, it would suffice to confirm the order passed in I.A.No.3 of 2022 dismissing the application to set aside the ex parte decree by making paragraph 6 of the affidavit of the respondent/wife as part and parcel of this order.

¶4In effect, though the respondent/wife has been successful in getting the decree for dissolution of marriage with the petitioner, the allegations made by the respondent in H.M.O.P.No.97 of 2020, which are touching the moral character of the petitioner/husband, stand withdrawn in view of the affidavit filed by the respondent/wife before this Court, at paragraph 6 of which is extracted hereinabove. Paragraph 6 of the said affidavit shall form part and parcel of the order.

¶5In view of the respondent/wife withdrawing the allegations, all references to the said allegations that have been discussed in the order of dissolution of marriage dated 05.04.2022 shall also stand nullified. The Civil Revision Petition is dismissed with the above directions. No costs.

15.10.2025 Speaking/Non-speaking order Index : Yes / No Internet : Yes / No sra To The Principal Subordinate Judge, Kancheepuram.

P.B.Balaji, J.

(sra) C.R.P.No.5087 of 2025

15.10.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 15.10.2025 CORAM THE HON'BLE MR.JUSTICE P.B.BALAJI C.R.P.No.5087 of 2025 B.Lingusamy .. Petitioner -vs- N.Aruna ..Respondent Petition filed under Article 227 of the Constitution of India against the order 24.01.2024 passed in I.A.No.3 of 2022 in OP (HMOP) No.97 of 2020 on the file of Principal Subordinate Judge, Kancheepuram. For Petitioner : Mr.V.Manoharan For Respondent : Mr.M.Guruprasad * * *