Prabhakaran v. Shanmugapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).No.24 of 2025 Prabhakaran ... Petitioner Vs.

Shanmugapriya Mentally retarded, Rep. by Guardian, Mother Selvi, Sathiathope Village, Chidambaram Taluk.

... Respondent Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Hon'ble Subordinate Court, Chidambaram to expedite the proceedings in HMOP No. 100 of 2021, pending on the file of the Hon'ble Subordinate Court, Chidambaram and to conclude the same within a time frame that may be fixed by this Hon'ble Court and thus render justice.

For Petitioner : M/s.R.Srinivasalu

O R D E R

The petitioner/husband in a petition for divorce pending on the file of the Sub Court, Chidambaram has approached this Court seeking an early disposal of HMOP No.100 of 2021 filed by him. 1/4

2. The petitioner would submit that this HMOP has been pending since 30.06.2021, on the file of the Sub Court, Chidambaram and the same has not been disposed of till date. That apart, the petitioner has also filed an Interlocutory application in I.A No.111 of 2023 to direct the respondent to submit herself for a medical examination as the allegations in the petition seeking divorce is that the respondent is not mentally suitable for marriage. This application is also pending since 03.07.2023 and is at the stage of inquiry. The petitioner would submit that he has been suffering since the date of the marriage because the respondent is suffering from a mental ailment and is also taking medication. Further, the respondent is not coming forward to proceed with the case. Therefore, the petitioner has come forward with the above revision.

3. Heard the learned counsel for the petitioner.

4. A perusal of the notes of the proceedings would indicate that the petition has been pending for over 8 hearings for counter and thereafter pending for an inquiry from 23.09.2022, both in respect of the HMOP as well as IA.

5. Considering the fact that an Interlocutory Application has been 2/4

filed, the same has to be disposed of before the HMOP is decided. Therefore, the Civil Revision Petition is allowed with a direction to the Sub Court, Chidambaram to take up IA No.111 of 2023 and dispose of the same as expeditiously as possible not later than 4 months from the date of receipt of a copy of this order. No costs.

03.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Subordinate Court, Chidambaram.

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