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Madras High CourtCRP/1595/2017disposed of

K.S.Sakthi Murugan v. P.Sunganya

2017-06-05Honourable Ms.Justice V.M.Velumani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2017

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P. PD No.1595 of 2017 K.S.Sakthi Murugan ... Petitioner Vs P.Suganya ...

Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India to direct II Additional Family Court at Chennai to dispose off the HMOP No.3114 of 2014 within a time frame.

For Petitioner : Mr.A.Arasu Ganesan * * * * *

O R D E R

This Civil Revision Petition is filed to direct II Additional Family Court at Chennai to dispose off the HMOP No.3114 of 2014 within a time frame.

2. The petitioner is the husband and the respondent is the wife in H.M.O.P.No.3114 of 2014 on the file of the II Additional Principal Judge, Family Court at Chennai.

3. The marriage between the petitioner and the respondent was conducted on 16.09.2013 at Gajalakshmi Kalyana Mandapam, Poonamallee High Road, Velappan Chavadi, Chennai - 600 077 as per Hindu rites and customs. Due to difference of opinion, the petitioner filed HMOP No.3114 of 2014 for divorce against the respondent and the same is pending before the II Additional Principal Judge, Family Court, Chennai. The respondent did not file any counter statement and she was set exparte on 22.09.2015 and subsequently on hearing the application, the said order was set aside by order dated 19.11.2015. The respondent filed counter statement on 19.11.2015 and the HMOP was posted for enquiry and subsequently it was sent to Mediation for settlement. It was pending before Mediation from 20.02.2016 to 19.08.2016. Since the petitioner and the respondent have not settled the matter before Mediation, the HMOP was sent back to the Court on 19.08.2016 and from that date, it is pending for enquiry without any progress.

4. In the above said circumstances, the petitioner has come up with the present Civil Revision Petition for speedy disposal of HMOP No.3114 of 2014.

5. Heard the learned counsel for the petitioner and perused the materials available on record.

6. Considering the limited prayer sought for in the Civil Revision Petition and since the suit is pending from the year 2014, without expressing any opinion with regard to the merits of the matter, I direct the II Additional Principal Judge, Family Court, Chennai to dispose of the suit in H.M.O.P.No.3114 of 2014, on merits and in accordance with law, as expeditiously as possible, in any event, not later than five (5) months from the date of receipt of a copy of this order.

7. The Civil Revision Petition is disposed of with the above direction. No costs.

05.06.2017 Speaking/Non-speaking order Index : Yes/No rgr To The II Additional Principal Judge, Family Court, Chennai.

V.M.VELUMANI, J.

rgr C.R.P. PD No.1595 of 2017 05.06.2017 http://www.judis.nic.in