Mr. C. Ganesan v. Mrs. Padmasoundari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2017 C O R A M THE HONOURABLE Mrs.JUSTICE PUSHPA SATHYANARAYANA C.R.P.P.D.No.773 of 2017 C.Ganesan .. Petitioner -Vs.- Padmasoundari .. Respondent Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Hon'ble I Additional Family Judge at Chennai to dispose O.P.No. 2111/2012 within a frame frame fixed by this Court. For petitioner ... Ms.Gajalakshmi

O R D E R

The husband in a matrimonial proceedings is the petitioner herein seeking early disposal of H.M.O.P.No.2111 of 2012 pending on the file of the I Additional Family Judge, Chennai. 2.

The petitioner-husband has filed a petition in H.M.O.P.No.2111 of 2012 before the I Additional Family Court, Chennai under Section 13(i-a) (ib) of the Hindu Marriage Act, 1955 for

divorce.

The respondent/wife has also filed a petition in H.M.O.P.No.4270 of 2011 for restitution of conjugal rights and M.C.No.152 of 2012 for maintenance, which are all pending before the said Court.

2.

It is stated that though all the three matters are pending before the I Additional Family Court, there is no direction for a joint trial. Even though the pleadings are complete in all the three matters, the same is not taken up for final hearing. Hence, the petitioner seeks for early disposal.

3.

Though there is no direction for a joint trial, it would not serve the purpose if the O.Ps are tried independently as one would have bearing on the other. Therefore, H.M.O.P.No.2111 of 2012, H.M.O.P.No.4270 of 2011 and M.C.No.152 of 2012 shall be taken together and common evidence may be recorded. The learned I Additional Family Judge, Chennai is directed to pass orders on the above said cases as expeditiously as possible, however, not beyond 31.12.2017.

3.

With the above direction, the Civil Revision Petition is disposed of. No costs.

03.03.2017 srn To The Hon'ble I Additional Family Judge, Chennai.

PUSHPA SATHYANARAYANA.J srn C.R.P.P.D.No.773 of 2017 03.03.2017