N.Prashanth Rajan v. R.Navedha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.06.2018 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.R.P.(PD)No.1502 of 2018 N.Prashanth Rajan ... Petitioner Vs.

R.Nevedha ... Respondent Civil Revision Petition has been filed under Article 227 of the Constitution of India seeking a direction of this Court to the Family Court, Salem, for early disposal of F.C.O.P.No.113 of 2015. For Petitioner : Mr.C.Jagadish For Respondent : Notice served-No Appearance

ORDER

The civil revision petition has been filed seeking direction of this Court to the Family Court, Salem, for early disposal of F.C.O.P.No.113 of 2015.

The revision petitioner filed F.C.O.P.No.113 of 2015 before the Family Court, Salem, seeking dissolution of marriage that took place between the petitioner and the respondent herein on the ground of cruelty.

The learned counsel appearing for the petitioner would submit that though the F.C.O.P. filed in the year of 2015, there is no progress on the same. On 15.02.2017, chief examination of P.W.1 was completed and the case was posted on 15.03.2017 for cross examination of P.W.1. But the respondent herein is not ready to cross examine P.W.1 and from then onwards the matter was adjourned on several occasions at the instance of the respondent herein. Hence the revision petitioner herein has come forward with the present civil revision petition seeking direction of this Court to the Family Court, Salem, for early disposal of F.C.O.P.No.113 of 2015. Heard the learned counsel for the petitioner and perused the materials available on record.

On a perusal of the records it reveal that the F.C.O.P. filed in the year 2015 and there is no considerable progress on the same. Further chief examination of P.W.1 was completed and the matter was posted for cross examination of P.W.1. While that being the stage of the case, the Family Court ought to have completed the case within the reasonable time, since it is the case, which is only summary in

nature.

No doubt, prolonging and protracting the matter will certainly cause serious prejudice to the parties. Disposal of the case within the reasonable time is principles of natural justice and at any circumstances, it should not be violated. Hence the Family Court, Salem, is directed to dispose of the F.C.O.P.No.113 of 2015 in accordance with law within a period of six months from the date of receipt of a copy of this order.

With the above direction, the civil revision petition is disposed of. No costs.

06.06.2018 Internet: Yes/No Speaking/Non-Speaking Order cgi To The Family Court, Salem.

P.VELMURUGAN, J., cgi C.R.P.(PD)No.1502 of 2018 06.06.2018