A.Abinaiya v. M.Nagaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.02.2025 CORAM :

THE HONOURABLE Ms.JUSTICE P.T.ASHA CRP (PD).No.507 of 2025 1.A.Abinaiya 2.Minor N.Sarvajith S/o.Nagaraj Rep.by his mother and guardian A.Abinaiya ... Petitioners ...Versus...

M.Nagaraj S/o.R.S.Muruganathan No.27A, Richardsons Close Broughton Asley, Leicester LE9 6NU England Rep.by his Power of Attorney Agent, Sarojini W/o.Bala Parsn Palm Legend Ondipudur Coimbatore ... Respondents Civil Revision Petition filed under Section 227 of the Constitution of India, praying to direct the learned Principal Family Court, Coimbatore to dispose of I.A.No.319 of 2018 in H.M.O.P.No.873 of 2017 within the time frame to be fixed by this Court.

For Petitioner :

Mr.N.Ponraj ****** 1/4

O R D E R

It is rather unfortunate that the learned Judge directed the maintenance application to be tried along with the main H.M.O.P.

2. The revision petition has been filed seeking an early disposal of I.A.No. 319 of 2018, which has been pending since 2018.

3. The respondent filed his counter as early as on 20.10.2018, and since 23.11.2018, the matter has been pending for enquiry.

4. In fact, on 15.03.2019, there was an endorsement stating as follows: "As this matter has been pending for a long time without any progress, hence for enquiry by 21.03.2019, last chance, failing which it will be decided in the manner known to law."

5.The petitioner has also filed a proof affidavit. However, the respondent appears to be absent and seeks to delay the proceedings. Therefore, under these circumstances, a direction is issued to the learned Principal Family Court, Coimbatore, to dispose of I.A. No. 319 of 2018 in the manner known to law. The court also indicates that if the respondent refuses to participate in the proceedings, an ex-parte order may be passed based on the available documents. The said exercise shall be completed within a period of two months from the date of receipt 2/4

of a copy of this order. It is made clear that unless and until I.A. No. 319 of 2018 is disposed of, H.M.O.P. No. 873 of 2017 shall not proceed.

6. With the above directions, this Civil Revision Petition is allowed. No costs.

12.02.2025 nvi To The Principal Family Court, Coimbatore P.T.ASHA,J., nvi 3/4

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