Madras High CourtCRP/931/2020disposed of

C.Srinivasan v. S.Sivasankari

2020-03-16Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.03.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNA KUMAR CRP (PD).No.931 of 2020 C.Srinivasan S/o.Chinnappan.

.. Petitioner Vs S.Sivasankari, W/o.S.Srinivasan .. Respondent Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India to direct the VI Additional Family Court, Chennai, to order to complete the enquiry of the petition in H.M.O.P.No.17 of 2017 on the file of the Hon'ble Subordinate Court, Harur, Dharmapuri District within the time fixed by this Court.

For Petitioner :Mr.C.Vasudevan.

For Respondent :Mrs.C.Uma.

O R D E R

The limited prayer sought for in this petition is for a direction to the Court below to complete the enquiry and dispose of HMOP No.17 of 2017, pending on the file of learned Subordinate Judge, Harur, Dharmapurai District within a time frame.

2.The learned counsel for the respondent/wife would submit that the revision petitioner/husband has already filed an appeal in C.M.A.No.1246 of 2017 before this Court and this Court has directed the Court below to dispose of the aforesaid HMOP within a period of six months from the date of receipt of copy of the order. The learned counsel further submitted that the respondent herein also has filed a petition in HMOP.No.56 of 2015 before the same Court and the same was taken for joint trial. He further submitted that the recording evidence has commenced and the case is posted for evidence of R.W.1 on 24.01.2020. At this stage, the petitioner has filed the present revision petition. 3.Heard both sides and perused the materials available on record. 4.

In the affidavit filed by the revision petitioner, he has not mentioned any details about the CMA filed him before this Court. However, on a perusal of the adjudication orders, it is seen that the case is posted for evidence of R.W.1 on 24.01.2020 and thereafter it is kept pending. 5.Hence, there shall be a direction to the learned Subordinate Judge, Harur, Dharmapuri District, to dispose of H.M.O.P.Nos.17 of 2017 and H.M.O.P.No.

of copy of this order.

6.Accordingly, this Civil Revision Petition is disposed of. It is left open to the respondent to claim arrears of maintenance if any, in accordance with law. No costs.

16.03.2020 Index:yes/no Internet:yes rm To The Subordinate Judge, Harur, Dharmapuri District.

D.KRISHNA KUMAR, J., rm C.R.P.(PD).No.931 of 2020 16.03.2020