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Madras High CourtCRP/1094/2023disposed of

J. John Brito v. R.S. Rensi

2023-04-18Honourable Dr Justice D.Nagarjun4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN Civil Revision Petition.Nos.1094, 1905 and 1096 of 2023 J.John Brito ... Petitioner in all C.R.Ps'

Vs.

R.S.Rensi ... Respondent ins C.R.P.Nos.1094 and 1096 of 2023

1. R.S.Rensi

2. Stellamary ... Respondents ins C.R.P.No.1095 of 2023 Prayer in C.R.P.No.1094 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the Hon'ble Principal Family Court, Coimbatore to dispose of the case in I.D.O.P.No.925 of 2021 on its file expeditiously with in a stipulated time. Prayer in C.R.P.No.1095 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the Hon'ble Principal Family Court, Coimbatore to dispose of the case in O.S.No.57 of 2021 on its file expeditiously with in a stipulated time. Prayer in C.R.P.No.1096 of 2023: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the Hon'ble Principal Family Court, Coimbatore to dispose of the case in G.W.O.P.No.927 of 2021 on its file expeditiously with in a stipulated time. 1/4

In all the C.R.Ps:

For Petitioner : Mr.D.Udhayasuriyan COMMON ORDER These Civil Revision Petitions are filed seeking direction to dispose of I.D.O.P.No.925 of 2021, O.S.No.57 of 2021 and G.W.O.P.No.927 of 2021, pending on the file of the Principal Family Court, Coimbatore.

2. According to the learned counsel for the petitioner I.D.O.P.No.925 of 2021 which is filed by the petitioner/husband against the respondent. The respondent has filed a counter and pleadings are completed. G.W.O.P.No.927 of 2021, is filed by the petitioner/husband against the respondent and in the said O.P., respondent has filed counter and pleadings are completed. O.S.No.57 of 2021 is filed by the petitioner/husband against the respondent seeking perpetual injunction not to disturb the minor child.

3. It is submitted by the learned counsel for the petitioner that even after pleadings are completed, the trial Court is not proceeding with the disposal of these cases.

4. Heard the learned counsel for the petitioner, perused the material 2/4

available on record and pleadings in all the three cases were completed.

5. On account of the dispute between the husband and wife, the child aged about five years has been affected. The very fact that the petitioner herein has filed a suit against the respondent who is mother of the child not to disturb not to disturb the minor child would show how the petitioner and respondent are disputing enemically. Whatever may be the dispute between the parties, the paramount to be considered is the interest of the child who is going to be citizen of this Country in future. In view all these things, these Civil Revision Petitions are disposed of with direction to the trial Court to dispose of I.D.O.P.No.925 of 2021, O.S.No.57 of 2021 and G.W.O.P.No.927 of 2021, as expeditiously as possible, preferably not later than eight months from the date of receipt of copy of this order. 18.04.2023 jai To The Principal Family Court, Coimbatore.

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Dr. D. NAGARJUN, J.

jai C.R.P.Nos.1094, 1905 and 1096 of 2023 18.04.2023 4/4