Clarification on meaning of tondratarapinar ( tamil word) in english
Shreshta@ JA Beno AOR supreme
(Querist) 02 January 2016
This query is : Resolved
Iam dealing with this case appointing my junior at a court at a court situated at Tamilnadu. In this case wife have filed a petition for maintenance under section 125 crpc. husband have filed the counter in the particular case. Petitioner being an advocate managed to influence the counsel of the respondent(husband's counsel) in the lower court.Later though the respondent was
communicating with his counsel, the counsel has mentioned in the court that there is no communication to him from the respondent side. Thereafter no cross examination was done to the petitioner. Order was passed awarding Rs.10,000 as maintenance based on the counter.They mentioned in the order as thondratharapinar order in tamil. now we have approached the honourable high court requesting for reverting back the matter to the lower court for proper adjudication and we have mentioned in the petition that the passed order in the lower court is an ex parte order. The other side counsel states that thondratharapinar order is not ex parte order. I could not find the word thondratharapinar in tamil dictionary. I would like to know the exact translation of the word thondratharapinar in english as per legal terminology.
P. Venu
(Expert) 03 January 2016
You may also try sending personal message to an expert well versed in Tamil, for instance Mr.Kalaiselvan.
Anirudh
(Expert) 03 January 2016
Even according to you, an order has been passed by the lower court based on the counter filed by the Respondent.
Therefore, it is not the situation where either the Respondent has been proceeded ex-parte or any order has been passed ex-parte.
The matter stands adjudicated by the lower court.
If at all, you only can appeal against the order of the Lower Court.
K.S.Srinivas
(Expert) 05 January 2016
The official translator in Tamil Nadu will be able to explain the meaning / translation to English.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
thondratharapinar means the party who has not appeared.
'Thondra' means not appeared
'tharapinar' means party;
This is a general term used for 'exparte' judgement or order.
Their counsel is misguiding stating that it was not exparte decision
Anirudh
(Expert) 10 January 2016
I am totally in agreement with the explanation of Mr. Kalaiselvan.
However, in the instant case, it does not appear to be an ex-parte order for the simple reason that the querist has stated that " Order was passed awarding Rs.10,000 as maintenance based on the counter."
If an order is based on the counter, even if on the date of decision, one party is not present, in my view, that will not make it an ex-parte order.
T. Kalaiselvan, Advocate
(Expert) 10 January 2016
I agree to the further views and opinions of expert Mr. Anirudh on the subject query, but it is the author who has given misleading or contradictory information which leads to such confusion.
The meaning to the word referred is what I have mentioned and am not going beyond it.
The order copy is to be seen for giving proper opinion.
