Madras High CourtCRP/238/2024disposed of

K.J.Sudar Kumar v. T.M.Abirami @ Ramya

2024-01-22Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 22.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM CRP No.238 of 2024 K.J.Sudar Kumar ... Petitioner Vs.

T.M.Abirami @ Ramya ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned I Additional Principal Judge, Family Court, Chennai to dispose of the O.P.No.810/2019, within a stipulated time frame as fixed by this Court.

For Petitioner : Ms.R.Maheswari

ORDER

This Civil Revision Petition has been filed to direct the learned to direct the learned I Additional Principal Judge, Family Court, Chennai to dispose of the O.P.No.810/2019, within a stipulated time frame as fixed by this Court.

2. The petitioner herein has filed the above petition against the respondent herein for restitution of conjugal rights. The case status of the above petition shows that, it is pending for enquiry from the year 2019. According to the petitioner, though the Family Court has directed the parties to attend the counselling, the respondent has not co-operated for the same and hence, the matter has to be heard on merits. As such, he sought direction of this court to the Trial Judge for speedy disposal of the case within a time frame.

3. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of any case, before any court, unless the situation is extra ordinary."

4. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the Family Court, Chennai is 4253.

5. Considering the total pendency of the cases and also taking note of the fact that the family dispute is pending from the year 2019 between the parties, the learned I Additional Principal Judge, Family Court, Chennai is directed to dispose of the O.P.No.810/2019, as early as possible.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

22.01.2024 Index:Yes/No Internet:Yes/No mst To I Additional Principal Judge, Family Court, Chennai

V.SIVAGNANAM , J.

mst CRP No.238 of 2024 22.01.2024