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Madras High CourtCRL MP/11635/2017dismissed

P. Saravanan, 37 Yrs, v. S. Nirmala, 35 Yrs,

2018-01-10Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2018

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM CRL.MP.No.11635 of 2017 in Crl.R.C.No.SR40139 of 2017 and CRL.R.C.No.SR40139 of 2017 P.Saravanan ... Petitioner -Vs1. S.Nirmala

2. S.Hrithika Minor Rep. by her mother S.Nirmala ... Respondents Prayer in CRL.MP.No.11635 of 2017:- Petition filed under Section 5 of the Limitation Act, praying to condone the delay of 377 days in filing the Criminal Revision against the order dated 30.05.2016 in MP No.367 of 2015 in M.C.No.220 of 2014 on the file of learned I Additional Principal Judge, Family Court, Chennai. Prayer in Crl.R.C.No.SR40139 of 2017:- Criminal Revision filed under section 397 of the Code of Criminal Procedure, against the order dated 30.05.2016 in MP No.367 of 2015 in M.C.No.220 of 2014 on the file of learned I Additional Principal Judge, Family Court, Chennai.

For Petitioner : Mr.T.Paranthaman *****

O R D E R

This revision challenges the order dated 30.05.2016 made in MP No.367 of 2015 in M.C.No.220 of 2014 on the file of learned I Additional Principal Judge, Family Court, Chennai.

2. Not being satisfied with the reasons stated in the affidavit filed in support of this petition, this petition shall stand dismissed. However, taking note of the contention of learned counsel for petitioner that the main case in M.C.No.220 of 2014 stands at the stage of enquiry and further a divorce petition moved by petitioner in O.P.No.1272 of 2014 is pending before the same Court and is at the stage of filing counter affidavit by the respondent, this Court would consider it appropriate to direct disposal of both cases as expeditiously as possible, in any event not later than six months from the date of receipt of a copy of this order. Any attempts at protraction of proceedings by either side may be viewed seriously. Consequently, CRL.R.C.No.SR40139 of 2017 is rejected.

10.01.2018 Index:yes/no Internet:yes/no Speaking/Non-speaking Order kmi To The I Additional Principal Judge, Family Court, Chennai.

C.T.SELVAM, J kmi CRL.MP.No.11635 of 2017 in Crl.R.C.No.SR40139 of 2017 and CRL.R.C.No.SR40139 of 2017 10.01.2018