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Madras High CourtCRP/703/2025allowed

Anusha Princy Bashyam v. Thomas Clinton Prijay

2025-02-24Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.02.2025 C O R A M THE HONOURABLE Ms.JUSTICE P.T.ASHA Anusha Princy Bashyam .. Petitioner -Vs.- Thomas Clinton Prijay .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India to direct the V Additional Family Court, Chennai to dispose of I.D.O.P.No.686 of 2023 on merits within the time that may be fixed by this Court.

For petitioners ... Ms.S.Kiruthika 1/5

O R D E R

The above Civil Revision Petition is filed seeking a direction to the learned V Additional Family Judge, Chennai to dispose of I.D.O.P.No.686 of 2023 on merits within a time frame to be fixed by this Court.

2. The respondent-husband had filed I.D.O.P.No.350 of 2021 on the file of the Principal District Judge, Tiruvallur for divorce and the petitioner-wife had filed Tr.C.M.P.No.835 of 2022 before this Court. By order dated 19.12.2022, this Court transferred the matter to the Family Court, Chennai and it was re-numbered as I.D.O.P.No.686 of 2023. The respondent had entered appearance before the trial Court and the petitioner had filed her counter in the I.D.O.P on 13.07.2023. Subsequently, the respondent unnecessarily dragged the matter by delaying the filing of the proof affidavit for over 8 months from the date of filing of the counter. Thereafter, he had filed the proof affidavit and the matter was posted for cross examination of P.W.1. However, 2/5

to date, the respondent has not presented himself for cross examination. Hence, the petitioner is before this Court.

3. Heard the learned counsel for the petitioner.

4. It is seen from the records that the I.D.O.P.No.686 of 2023 has been kept pending since March 2023 and that apart, the same has also reached the evidence stage.

5. Considering the above facts, the Civil Revision Petition is allowed and a direction is issued to the learned V Additional Family Court, Chennai to dispose of I.D.O.P.No.686 of 2023 within a period of two months from the date of receipt of a copy of this order. No costs.

24.02.2025 srn 3/5

To The V Additional Family Court, Chennai 4/5

P.T.ASHA.J srn 24.02.2025 5/5