R.Hari Nandhini v. S.Gnanaprakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM
THE HONOURABLE MS. JUSTICE P.T. ASHA.J C.R.P (PD) No. 1971 of 2024 R.Hari Nandhini ... Petitioner vs.
S.Gnanaprakash ... Respondent Prayer:
Civil Revision Petition filed under Article 227 of the Constitution of India seeking direction to learned Sub Court, Poonamallee to expedite the proceedings in HMOP.No.611 of 2019 and conclude the same.
For Petitioner :
M/s. U.Anunitha For Respondent :
No Appearance.
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ORDER
Seeking an early hearing of the petition for restitution of conjugal rights filed by her in HMOP.NO.611 of 2019 the petitioner / wife is before this Court.
2. It is seen from the records that the husband had filed an application for divorce in HMOP.NO.384 of 2019. A joint trial of both the petitions have been ordered. The petitioner's contention is that the respondent / husband had taken over 27 months for filing counter in the restitution petition filed by her. The petitioner has also taken out an applications in IA.Nos.1 & 2 of 2023 seeking an interim maintenance and return of property respectively. Even these petitions are pending counter for over 5 months. Therefore, the petitioner has moved this Court.
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3. Considering the above submissions and taking into consideration the fact that the petition filed by the petitioner for interim maintenance and return of property is yet to be disposed of though the relief is claimed for an early disposal of HMOP this Court is of the opinion that before the disposal of the HMOP the petition for interim maintenance and return of property has to be first considered and disposed of. In case the husband does not file a counter in these applications the learned Sub Judge, Poonamallee shall proceed to hear the petitioner and pass orders, on or before 30.06.2025.
4. With the above direction, the Civil Revision Petition is allowed. No costs.
08.04.2025 Index: Yes/No Internet: yes/No kan 3/5
To The Sub Judge, Poonamallee.
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