Madras High Court
CRP/6451/2026 of A.M. Mohan Vs G. Vijaya on 8 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR JUSTICE N.ANAND VENKATESH
Civil Revision Petition No.6451 of 2026
& CMP.No.27731 of 2026
CNR:{HCMA012362732026}
A.M.Mohan
S/o.G.Meenakshisundaram,
Old No.2/30, New No.2/67,
Mariamman Koil Street,
Alangudi, Tiruvarur District.
612 801.
Presently Residing at
Flat No.B-901,
Prince Court Yard,
Varadharajalu Street,
No.100-103, PH Road,
Egmore, Chennai-600084.
...Petitioner
Vs
G.Vijaya
Plot No.A5/605,
No.76, Ariti Homes Apartment,
Peruncheri Panchetty,
Tiruvallur District-601 204.
Presently Residing at
No.1/499
Pillaiyar Koil Street,
Veeranallur,
Nattarmangalam Village,
Kattumannarkoil Tk.,
Cuddalore District.
608 301.
...Respondent
PETITION under Article 227 of The Constitution of India praying to strike off the maintenance petition in M.C.No.5 of 2026
pending on the file of the District Munsif-cum-Judicial Magistrate Court, Kattumannarkoil.
For Petitioner:
Mr.S.Sathiaseelan
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This civil revision petition has been filed under Article 227 of The Constitution of India seeking to strike off M.C.No.5 of 2026 pending on the file of the District Munsif-cum-Judicial Magistrate Court, Kattumannarkoil (for short, the Court below).
2. Heard the learned counsel for the petitioner.
3. This Court has carefully considered the submissions of the learned counsel for the petitioner and perused the materials available on record.
4. The main ground that was urged by the petitioner is that there was absolutely no marriage between the petitioner and the respondent; that already, the petitioner filed a suit against the respondent in O.S.No.2658 of 2026 on the file of the City Civil Court, Chennai seeking to declare that the respondent was not his wife and for consequential permanent injunction restraining the respondent from using the petitioner’s name as her husband before any authority or public; that in the said suit, a notice was also sent to the respondent in this regard; and that suppressing the said facts, the respondent filed M.C.No.5 of 2026 before the Court below, which, according to the petitioner, is a clear abuse of process of law and it requires the interference of this Court under Article 227 of The Constitution of India.
5. In the considered view of this Court, the issue as to whether there was an abuse of process of law as alleged in this case involves determination of facts. The petitioner has already filed a suit. The issue as to whether there was a valid marriage or there was a living together relationship between the parties has to be decided by the competent court and it cannot be a ground for this Court to exercise the jurisdiction under Article 227 of The Constitution of India to strike off the maintenance case. It will be left open to the petitioner to raise all the grounds before the Court below and they would be considered on their own merits and in accordance with law. Except giving this clarity, no orders can be passed in this revision.
6. The civil revision petition is disposed of in the above terms. It is made clear that the presence of the petitioner is dispensed with before the Court below considering his health conditions and he shall be allowed to be represented through a counsel. Consequently, the connected CMP is closed. 08-10-2026 To The District Munsif-cum-Judicial Magistrate Court, Kattumannarkoil.
N.ANAND VENKATESH,J RS CRP.No.6451 of 2026& CMP.No.27731 of 2026 08-10-2026