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Madras High CourtCRP/2510/2015dismissed

Karunanithi v. Adhilakshmi

2016-08-24Honourable Mr Justice C. T. Selvam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.08.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Civil Revision Petition(PD) No.2510 of 2015 and MP No.1 of 2015 Karunanithi .. Petitioner

Versus

Adhilakshmi .. Respondent Prayer: Civil Revision Petition has been filed under Article 227 of the Constitution of India, against the order of dismissal passed by learned Judge, Family Court, Vilupuram, dated 06.05.2015 in I.A.No.205 of 2015 in H.M.O.P. No.232 of 2014.

For Petitioner : Mr. S.T.P.Kuilmozhi For Respondent : Mr. C.Munusamy

O R D E R

This revision challenges the order of learned Judge, Family Court, Vilupuram, passed in I.A.No.205 of 2015 in H.M.O.P.No.232 of 2014 on 06.05.2015.

2. Respondent/wife moved H.M.O.P.No.6 of 2008 on the file of Subordinate Court, Dindivanam (renumbered as H.M.O.P.No.37 of 2014), seeking restitution of conjugal rights and petitioner/husband moved HMOP No.139 of 2010 on the file of Subordinate Court, Villupuram,(renumbered as H.M.O.P.No.232 of 2014) seeking dissolution of marriage. Petitioner/husband moved I.A.No.205 of 2015 in HMOP No.232 of 2014 towards joint hearing of both proceedings. Pending such application, the evidence in HMOP No.37 of 2014 has been recorded. In such circumstances, the Court below has dismissed the application seeking joint trial informing that in the attendant circumstances, both HMOP's could be tried simultaneously and could be disposed of on the same day to avoid conflict of judgments. Aggrieved, petitioner/husband has filed the present revision.

3. Heard learned counsel for petitioner and learned counsel for respondent.

4. Admittedly, both petitions are now pending on the file of learned Judge, Family Court, Villupuram. This Court finds no error in the order under challenge. As the original action is of the year 2008, this Court would direct learned Judge, Family Court, Villupuram, to dispose of the actions as expeditiously as possible, in any event, not later than four months from the date of receipt of this order. The Civil Revision Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.

24.08.2016 Index: Yes/No Internet: Yes/No gm/jv To The Judge, Family Court, Villupuram.

C.T.SELVAM, J.

gm/jv Civil Revision Petition (PD) No.2510 of 2015 and MP No.1 of 2015

24.08.2016