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Madras High CourtCRP/4465/2017disposed of

Thennarasu v. Dhanalakshmi

2017-12-05Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2017

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR CRP.PD.No.4465 of 2017 Thennarasu ..Petitioner Vs.

Dhanalakshmi ..Respondent PRAYER:

The Civil Revision Petition is filed under Article 227 of the Constitution of India to give appropriate and suitable directions to the III Additional Judge, Family Court, Madras for speedy disposal of OP.No.2436 of 2016 pending on the file of the III Additional Family Court at Chennai.

For Petitioner : M/s.Jayashree Narasimhan ORDER:

According to the revision petitioner, the revision petitioner has filed a petition in OP.No.2218 of 2015 on the file of the Principal Judge, Family Court, Chennai for restitution of conjugal

rights against the respondent. The said OP was taken up for hearing in the year 2015. In the counselling session, the respondent admitted that she was prepare to join the petitioner and ready to sign the papers for going abroad. The revision petitioner by accepting the submissions of the respondent, applied for visa and instructed the respondent to comply with the formalities, but the respondent refused to sign the papers. Subsequently, third time also refused to sign the papers. Hence, the revision petitioner has filed a petition in OP.No.2436 of 2016 on the file of the III Additional Family Court, Chennai for dissolution of conjugal rights against the respondent. Now the matter is pending before the Family court.

Hence, the revision petitioner has filed the present Civil Revision Petition before this Court to dispose of the OP within the time fixed by this Court. Further, the learned counsel for the revision petitioner submitted that there is no application pending before the Family Court. Therefore, there is no impediment to dispose of the said OP within the time fixed by this Court.

2. Heard, the learned counsel for the revision petitioner and perused the materials available on record.

3. In the light of the above submissions made by the learned counsel for the revision petitioner, without expressing any opinion on merits, this Court is inclined to direct the III Additional Family Court, Chennai to dispose of the OP.No.2436 of 2016 in accordance with law as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this Order.

3. The Civil Revision Petition is disposed of with above direction. No costs.

05.12.2017 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok

D.KRISHNAKUMAR. J, lok To The III Additional Family Court, Chennai.

CRP.PD.No.4465 of 2017 05.12.2017