Madras High Court

CRP/6347/2026 of Balachandar Vs Mahalakshmi on 6 October 2026

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CRP No. 6347 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-10-2026

CORAM

THE HON'BLE MR JUSTICE N. ANAND VENKATESH

CRP No. 6347 of 2026

and CMP No. 27362 of 2026

CNR: {HCMA012363422026}

Balachandar

S/o.Murugesan,

No.10 Aranmanai Pudhur 4th Street,

Dharapuram Road,

Tiruppur 641 604.

..Petitioner(s)

Vs

Mahalakshmi

D/o.Mohanmanickam,

No.1/234 Poorandam Palayam,

coimbatore 641 669.

..Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the order made in IA.No.1 of 2025 in HMOP.No.209 of 2024

on the file of the Additional Subordinate Judge No.2 at Coimbatore.

For Petitioner(s):

Mr.P. Thinesh

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ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order passed by the Court below in IA.No.1 of 2025 in HMOP.No.209 of 2024 dated 11.06.2026, dismissing the application on the ground that the cost of Rs.2,000/- was not paid by the petitioner.

CRP No. 6347 of 2026

2. Heard the learned counsel for the petitioner and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. The respondent has filed HMOP No.209 of 2024, seeking for dissolution of the marriage on the ground of cruelty. The petitioner, who is the husband, was set ex-parte on 30.04.2025. Hence, he filed IA No.1 of 2025 to set aside the ex-parte order. This application was allowed, by imposing a cost of Rs.2,000/- payable on or before 11.06.2026. Since the cost was not paid, the Interlocutory Application came to be dismissed by the Court below. Aggrieved by the same, the present Civil Revision Petition has been filed before this Court.

4. The learned counsel for the petitioner submitted that the Trial Court passed the order in IA on 17.04.2026 and the amount of Rs.2,000/- was paid to the counsel appearing for the respondent through Google Pay on 17.04.2026 itself. However, the counsel failed to file a memo before the Court on 11.06.2026 and therefore, the Court below dismissed the application.

5. In the considered view of this Court, the petitioner must not suffer for the mistake committed by the counsel. Hence, the Court below shall enquire to the respondent/wife as to whether the cost has already been paid and if so, the

CRP No. 6347 of 2026

exparte order dated 30.04.2025 shall be set aside and the Court below shall proceed to deal with the main petition on merits.

6. In the result, this Civil Revision Petition is disposed of in the above terms. No Costs. Consequently, the connected miscellaneous petition is closed. 06-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

CRP No. 6347 of 2026

N.ANAND VENKATESH, J. SSR To The Additional Subordinate Judge No.2 at Coimbatore. CRP No. 6347 of 2026 06-10-2026

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