Madras High CourtCRP/2807/2015disposed of

Vinuraj v. R.Sandhyabhavani

2015-07-28Honourable Mr Justice M.Duraiswamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :28.07.2015

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(PD)Nos.2807 & 2808 of 2015 Vinuraj ... Petitioner in both CRPs v.

R.Sandhyabhavani ... Respondent in both CRPs Civil Revision Petitions filed under Article 227 of the Constitution of India, to direct the Trial Court to dispose the H.M.O.P.Nos.1646 of 2015 and 122 of 2008 on the file of III Additional Judge, Family Court at Chennai and fix the time limit for the earlier disposal of the above said Original Petition. For Petitioner : Mr.J.Kamaraj

COMMON ORDER The petitioner, who is the husband of the respondent, has filed the above Civil Revision Petitions to direct the III Additional Judge, Family Court, Chennai to dispose of the Original Petitions in H.M.O.P.Nos.1646 of 2015 and 122 of 2008, within a stipulated time

2. The learned counsel appearing for the revision petitioner submitted that the petitioner has filed the Original Petition in H.M.O.P.No.1646 of 2015 under section 7 of the Guardian & Wards Act for the custody of the minor children, viz., Sanjay and Surya and the respondent has filed the Original Petition in H.M.O.P.No.122 of 2008, for restitution of conjugal rights.

3. The learned counsel appearing for the revision petitioner submitted that though the Original Petition in H.M.O.P.No.122 of 2008 was filed in the year 2008, the Family Court has not disposed of the same yet. Further, the learned counsel submitted that since both the original petitions are connected, Original Petition in H.M.O.P.No.122 of 2008 to be tried along with the Original Petition in H.M.O.P.No. 1646 of 2015, jointly and the Family Court may be directed to dispose of the Original Petitions, within a stipulated time.

4. Having regard to the submission made by the learned counsel appearing for the revision petitioner and also taking into consideration the limited prayer sought for in the Civil Revision Petitions, without expressing any opinion with regard to the merits of the case, I direct the III Additional Judge, Family Court, Chennai to dispose of the Original Petitions in H.M.O.P.Nos.1646 of 2015 and 122 of 2008, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

With this observation, the Civil Revision Petitions are disposed of. No costs.

28.07.2015 Index : No Internet : Yes Rj To The III Additional Judge, Family Court, Chennai

M. DURAISWAMY,J., Rj C.R.P.(PD)Nos.2807 & 2808 of 2015 28.07.2015