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Madras High CourtCRP/3821/2017disposed of

K. Aruna Devi v. J. Ramnath S/O. Jaganathan

2017-10-13Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATUE AT MADRAS

DATED: 13.10.2017

CORAM

THE HONOURABLE DR. JUSTICE S.VIMALA C.R.P. (PD) No.3821 of 2017 K.Aruna Devi ..

Petitioner

Versus

1. J. Ramnath ..

Respondent Civil Revision Petition filed under Article 227 of Constitution of India to conduct the trial expeditiously in O.P. No.1904 of 2014 pending on the file of the Hon'ble Principal Family Court at Chennai within the time stipulated by this Court for conducting the trial on a day today basis. For Petitioner :

Ms.K.Sumathi

ORDER

This petition has been filed by the petitioner / wife seeking to direct the Principal Family Court, Chennai to conduct the trial in O.P. No.1904 of 2014, expeditiously i.e., within the time framed by this Court.

2. The petitioner in O.P. No.1904 of 2014 has been filed by the petitioner herein seeking the relief of divorce on the ground of cruelty.

3. It is stated by the learned counsel for the petitioner that the wife is residing in Australia and the husband is in U.S.A and therefore, the trial should be expedited.

4. The relevant docket entries for the period commencing from 07.07.2014 to 16.09.2017 would go to show that the Chief examination of PW1 commenced on 02.08.2017 and it has been adjourned several times on subsequent hearings. The husband was absent on several dates of hearings. Even thereafter, there is no substantial progress.

5. The learned counsel appearing for the petitioner would submit that there must be a direction to the Principal Family Court to conduct the trial on a day to day basis and to complete the trial within the stipulated period of time.

6. Since, it is stated that both the husband and wife are residing outside India, it is proper and necessary that the expeditiously trial would be in the interest of both sides. Therefore, the Principal Family Court, Chennai is directed to give top priority to dispose of the case in O.P. No.1904 of 2014 and shall make endeavour to dispose of the case on or before 31.12.2017.

7. With the above directions, this revision petition is disposed of. Consequently, connected Miscellaneous Petition is also closed. 13.10.2017 Index : Yes/No Internet : Yes / No Speaking / Non speaking vsi2 To The Principal Family Court Chennai

Dr.S.VIMALA, J.

vsi2 C.R.P. (PD) No.3821 of 2017 13.10.2017