Madras High Court
CRP/6140/2026 of S. Siva Sankar Vs A.Uma on 24 September 2026
CRP No. 6140 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-09-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
CRP No. 6140 of 2026
and CMP. No.26407 of 2026
CNR: {HCMA011930242026}
S. Siva Sankar
S/o. Sivakumar,
Res. at No.11/43A,
Amman Koil Street,
Thennur Post, Andimadam Taluk,
Ariyalur District-805.
..Petitioner(s)
Vs
A.Uma
W/o. S.Siva Sankar,
Res. at No.24, Thiruvalluvar Street,
Kamarajapuram, Anakaputhur,
Chennai-75.
S.Sivakumar (Died).
(Cause Title accepted vide order of Court 07/09/2026 made in CMP. No.23883 of 2026
in CRP.SR. No.140307 of 2026)
..Respondent(s)
PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the Returned Docket order dated 25.06.2026
passed in CMP SR. No.364 of 2026 in DVC No.30 of 2024 and direct the Court to Number the Petition and Dispose of on merits by the learned District Munsif- Cum -Judicial Magistrate, Pallavaram.
For Petitioner(s):
Mr.E.Manikandan
CRP No. 6140 of 2026
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ORDER
Heard learned counsel for the petitioner. Considering the limited relief sought for in this revision, I am inclined to dispense with the notice to the respondent.
2. The revision petitioner has challenged the return of the Application to set aside the exparte order passed in the DVC proceedings. Though the petition was initially returned on 12.03.2026, questioning the maintainability of the Application citing disposal of the main DV case, the petitioner has re-presented the same on 23.06.2026, stating that the Application to set aside the exparte order is maintainable in view of the order passed in CRP. No.4374 of 2024 dated 23.09.2024. However, once again the Court has returned the Application on the very same ground and also raising an additional query as to what is the change in circumstances which has altered the position to enable the petitioner to approach under Section 25(2) of the Protection of Women from Domestic Violence Act, 2005, without re-presenting the said return, the petitioner has straight-away approach this Court.
3. This Court in K.Selvaraj v. Koodankulam Nuclear Power Plant India Limited is cited as (2021) 4 CTC 539, laid down guidelines for the Courts below
CRP No. 6140 of 2026
including Tribunal to follow, especially in matters relating to numbering of Applications return, hearing of the application at that stage. If at all the Court is not satisfied with the compliances made, it is the duty of the Court to post the matter in open Court and hear the arguments of the learned counsel for the petitioner on the maintainability of the Application or the nature of the compliances made in response to the returns/defects pointed out by the Registry. Without doing so, the Court once again returned the Application.
4. In the light of the above, I am inclined to set aside the return dated 25.06.2026 and in the event of the original I.A. Application and petition, being in the custody of the petitioner, the same has to be re-filed before the learned District Munsif cum Judicial Magistrate, Pallavaram within a period of one week from the date of receipt of the copy of the order, on such, re-presentation, or if the papers are already on the file of the learned District Munsif cum Judicial Magistrate, Pallavaram, the learned District Munsif cum Judicial Magistrate, Pallavaram shall post the matter for hearing the arguments, the learned counsel for the petitioner on maintainability of the Application for setting aside, filed under Order IX Rule 7 CPC and after hearing the learned counsel for the petitioner, the learned Judicial Magistrate shall pass a considerable order on merits and including maintainability of the Application within a period of two weeks thereafter.
CRP No. 6140 of 2026
P.B.BALAJI, J.
5. Accordingly, this Civil Revision Petition is allowed. Consequently, connected Miscellaneous Petition is also closed. No costs. 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RKP To The District Munsif cum Judicial Magistrate, Pallavaram. CRP No. 6140 of 2026 and CMP. No.26407 of 2026