M. Thanga Banumathy v. R. Muthukumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.02.2017

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA C.R.P.(PD).No.648 of 2017 and C.M.P.No.3256 of 2017 M.Thanga Banumathy .. Petitioner Vs.

R.Muthukumar .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India praying for speedy disposal of I.A.No.1546 of 2016 in H.M.O.P.No.3276 of 2013 pending on the file of the Principal Family Court, Chennai, within a time frame that may be fixed by this Court. For petitioner : Mr.J.Hariharan

ORDER

H.M.O.P.No.3276 of 2013 has been filed by the revision petitioner/wife for restitution of conjugal rights. It is seen that the respondent-husband has filed H.M.O.P.No.22 of 2012 for divorce before the Sub-Court, Madurai. It is further seen that the said H.M.O.P.No.3276 of 2013 filed by the wife, was dismissed for default on 06.02.2016. Hence,

she has filed I.A.No.1546 of 2016 to set aside the said order and restore the said H.M.O.P. to file. It is further stated that the non-appearance of the petitioner is neither wilful nor wanton, as she had to take care of her mother who was ailing. It is further stated that in the said I.A., inspite of various opportunities, the respondent-husband had not filed counter and is protracting the proceedings. Hence, she has filed the present CRP seeking for early disposal of the said I.A. Taking into consideration the above facts and circumstances and as the I.A. is pending without adjudication, a direction is issued to the learned Principal Judge, Family Court, Chennai, to dispose of I.A.No.1546 of 2016 in H.M.O.P.No.3276 of 2013, on or before 31.03.2017. With this direction, the Civil Revision Petition is disposed of. No costs. C.M.P. is closed.

23.02.2017 cs Copy to The Principal Judge, Family Court, Chennai.

PUSHPA SATHYANARAYANA, J cs C.R.P.(PD).No.648 of 2017 23.02.2017

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