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Madras High CourtCRP/1431/2018allowed

M.Ravi v. M.Poonkodi

2018-04-18Honourable Mr Justice N. Seshasayee3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018 CORAM : THE HONOURABLE MR.JUSTICE N.SESHASAYEE CRP.(PD) No.1431 of 2018 M.Ravi ... Petitioner Vs M.Poonkodi ... Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct VIth Additional Family Judge, Family Court, Chennai to dispose of O.P.No.2759 of 2015, within a time frame that may be fixed by this Court.

For Petitioner : Ms.R.Mahalakshmi

ORDER

The only prayer sought by the learned counsel for the petitioner is to expedite the process of trial by the Family Court in O.P.No.2759 of 2015.

2. The learned counsel for the petitioner submitted that the petitioner had earlier filed O.P.No.260 of 2006 for dissolution of marriage on the ground of desertion and cruelty, that petition was withdrawn because the respondent agreed to join the petitioner and mend her ways, that however was not to be so and the promise was respected in his breach. Therefore, the petitioner was constrained to file the present petition in O.P.No.2759 of 2015. The respondent has entered appearance and as a counter blast, she has also filed a petition for restitution of conjugal rights

in O.P.No.556 of 2018.

2.2. The counsel for the petitioner further added that the petitioner has been examined in chief and thereafter, the case was adjourned to thirteen occasions without any cross-examination.

3. That the petitioner's marriage is in doldrums since 2006 and it does not appear to reach any point of conclusion. Notwithstanding the fact that, the Family Court is instructed not be hyper generous in granting adjournments, if only the statement of the counsel were trusted, as there are thirteen adjournments for cross-examination of P.W.1, does not sound well for the general health of the judicial process in this country. However, without going into the merit of it, this Court directs the trial Court to expedite the entire trial process and conclude the trial on or before 28.09.2018.

4. With the above direction, this Civil Revision Petition is allowed. No costs.

18.04.2018 ds Note : Issue order copy on 24.04.2018 Index : Yes / No Speaking order / Non-Speaking Order

N.SESHASAYEE, J., ds To:

The VIth Additional Family Judge, Family Court, Chennai.

CRP(PD) No.1431 of 2018 18.04.2018