The respondent has filed affidavits of undertaking before this Court in both Civil revision petitions. In the affidavit filed in C.R.P.No.157 of 2016, the respondent in para 12, has specifically stated as under:
"I submit that since the petitioner has approached this Honourable Court under Article 227 of the Constitution and since the petitioner herself has stated that she has obtained a divorce under US laws I seek indulgence of this Honourable Court to dissolve my marriage on that basis on the ground of desertion.''
2. In the affidavit filed in C.R.P.No.158 of 2016, the respondent in para 4, has stated as under:
"4 I submit that my daughter has been living with the petitioner since 2012 and is now more than eight years. I submit that as my daughter is for all practical purposes a resident of U.S.A. and is with the mother I undertake to withdraw the G.W.O.P.No.462 of 2017 filed be me."
3. In the light of the undertaking given by the respondent in the affidavit filed by him, counsel for the petitioner has disputed the fact stated in the affidavit, namely, ''to dissolve the marriage on the ground of desertion.'' The dispute raised by the counsel for the petitioner can be raised before trial court. Both the counsels requested this Court to dispose of the Civil revision petitions with liberty to file necessary application before the Family Court, Coimbatore without insisting upon the appearance of the petitioner before the Family Court, Coimbatore.
4 In view of the affidavits of undertaking filed by the respondent and taking note of the submission made by the counsel for the parties, both the revision petitions are disposed of with liberty to the parties to file appropriate application before the trial court for withdrawal of G.W.O.P.No.462 of 2017 or any other relief as per law.
5 The Civil revision petitions are disposed of with the above observation. However, there is no order as to costs. Consequently, connected miscellaneous petitions are closed.
20.11.2017 Speaking/Non Speaking order Index: Yes/No Internet:Yes/No Note: Issue order copy on 21.11.2017 vaan To The Additional Family Court, Coimbatore D.KRISHNAKUMAR,J.
vaan C.R.P.(PD) No.157 and 158 of 2017 and C.M.P.No.844 and 11849 of 2017 Dated: 20.11.2017