Madras High CourtCRP/2468/2017disposed of

Purnima Shanmugham v. Palanivel Ramachandran

2017-07-20Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.07.2017 C O R A M THE HONOURABLE MR.JUSTICE M. GOVINDARAJ C.R.P (PD).No.2468 OF 2017 Purnima Shanmugham ... Petitioner Vs.

Palanivel Ramachandran ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to direct the III Additional Family Court, Chennai to dispose of O.P.No.3271 of 2014 at the earliest.

For Petitioner :

Ms.Sheila Jayaprakash

O R D E R

This petition has been filed to direct the III Additional Family Court, Chennai to dispose of O.P.No.3271 of 2014 at the earliest.

2. The petitioner/wife has filed the petition for divorce before the III Additional Family Court, Chennai. During the pendency of

the divorce petition, she got employment in the United States of America. She has appointed a power agent to conduct her case. The respondent/husband is employed in Singapore. He has also appointed a power agent to conduct the case.

3. The learned counsel for the petitioner submits that the petitioner is now availing leave and appearing before the Court for adducing evidence, whereas, the respondent/husband is delaying it and causes undue hardship to the petitioner. The petitioner has availed leave after much difficulty to get herself cross examined, and serious hardship would be caused to her in the event of non-examining her at this point of time and it will be difficult to secure leave in future. Even this leave of absence is on loss of pay. Therefore, the petitioner prays that her cross examination may be directed to be completed within a period of two weeks, as the matter is posted before the trial Court on 24.07.2017.

4. The learned counsel for the petitioner would submit that the cross examination of the petitioner can be done by the power agent appointed by the respondent/husband.

5. Considering the facts and circumstances of this case, a direction is issued to the III Additional Family Court, Chennai to complete the cross examination of the petitioner in O.P.No.3271 of 2014, within a period of two weeks and a further direction is issued to dispose of the main O.P. Itself, as expeditiously as possible, and not later than four months from the date of receipt of a copy of this order.

6. Accordingly, this Civil Revision Petition is disposed of. No costs.

20.07.2017 asi Note: Issue order copy on 21.07.2017 To III Additional Family Court, Chennai.

M. GOVINDARAJ, J.

asi C.R.P (PD).No.2468 OF 2017 20.07.2017