Madras High CourtCRP/1390/2015disposed of

Manimaran v. Nalini

2015-04-01Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(PD) NOS.1390 AND 1391 OF 2015 Dr.Manimaran ...

Petitioner in both CRPs'

Vs.

Dr.Nalini ...

Respondent in both CRPs'

PRAYER IN CRP (PD) NO.1390/2015: Civil Revision Petition filed under Article 227 of the Constitution of India with a prayer to direct the trial Court to dispose of the H.M.O.P.No.2804 of 2012 filed by the petitioner against the respondent herein and the same is pending before the II Additional Family Court at Chennai. PRAYER IN CRP (PD) NO.1391/2015: Civil Revision Petition filed under Article 227 of the Constitution of India with a prayer to direct the trial Court to dispose of the H.M.O.P.No.3964 of 2012 filed by the respondent against the petitioner herein and the same is pending before the II Additional Family Court at Chennai. For Petitioner :

Mr.K.Sakthivel

COMMON ORDER Heard the submissions made by Mr.K.Sakthivel, learned counsel for the petitioner and perused the materials available on record. 2.These Civil Revision Petitions have been filed praying for a direction to dispose of H.M.O.P.Nos.2804 of 2012 and 3964 of 2012 pending on the file of the II Additional Family Court, Chennai. 3.It is seen that the petitioner has filed H.M.O.P.No.2804 of 2012 for dissolution of the marriage registered on 03.06.1999 and solemnised on 28.11.1999. The respondent has filed H.M.O.P.No.3964 of 2012 for restitution of conjugal rights.

4.Mr.K.Sakthivel, learned counsel for the petitioner submitted that the petitioner is working as an Assistant Professor in Madras Medical College attached to the Government General Hospital, Chennai and he is occupied with bone and knee surgeries. Apart from these two cases, the petitioner is also facing a criminal case before the V Metropolitan Magistrate Court, Saidapet, Chennai and therefore, it is very difficult for the petitioner to appear before the Family Court and the Criminal Court. The learned counsel for the petitioner

further submitted that now both the cases are tried jointly and the delay in disposal causes hardship and inconvenience to the petitioner. 5.Considering the facts of the case and the submissions of the learned counsel for the petitioner, the II Additional Family Court, Chennai is directed to dispose of H.M.O.P.Nos.2804 of 2012 and 3964 of 2012, on merits and in accordance with law, as expeditiously as possible, preferably on or before 31.07.2015.

6.These Civil Revision Petitions are disposed of with the above direction. No costs.

01.04.2015 Index : Yes/No Internet : Yes/No TK To The II Additional Family Court Chennai.

K.KALYANASUNDARAM, J.

TK C.R.P.(PD) NOS.1390 AND 1391 OF 2015 01.04.2015