S. Vignesh Kumar v. T. Abarna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM:

THE HONOURABLE Dr. JUSTICE D. NAGARJUN Civil Revision Petition (PD).No. 1538 of 2023 S.Vignesh Kumar ... Petitioner/1st petitioner Vs.

T.Abarna ... Respondent/2nd petitioner Civil Revision Petition filed under Article 227 of the Constitution of India, 1950, to direct the learned VIII Subordinate Judge, Alandur, to expeditious dispose of H.M.O.P.No.114 of 2023, pending on the file of the VIII Subordinate Court, Alandur, within a time frame fixed by this Court.

For Petitioner :

Mr.R.Singaravelan, Senior Advocate for Mrs.V.Ambika For Respondent :

Mrs.R.Suchitra

ORDER

Heard the learned counsel appearing for the revision petitioner.

2. The Civil Revision Petition is filed, seeking for a direction to the learned VIII Subordinate Judge, Alandur, to expeditious disposal of 1/4

H.M.O.P.No.114 of 2023, pending on the file of the VIII Subordinate Court, Alandur.

3. According to the learned counsel for the revision petitioner, the marriage between the petitioner and the respondent was performed on 15.03.2021 at Pavalamalai Temple, Gobichettipalayam, Erode, and it was registered on 21.04.2021. Subsequently, both the petitioner and the respondent could not live happily due to difference of opinion and thereby decided to separate themselves and filed an application, under Section 13 B of the Hindu Marriage Act, in H.M.O.P.No.114 of 2021, seeking divorce on mutual consent. The said case was taken on file on the Subordinate Court, Alandur, and stated to have posted to 27.09.2023 from 03.03.2023, in order to completion of the cooling off period.

4. The learned counsel for the petitioner as well the learned counsel on record for the respondent are present and both of them stated to have filed I.A.SR.Nos.3530 & 3531 of 2023, seeking for a direction to waive off the cooling period of six months, by explaining the reason as alliance was fixed for the respondent and the marriage was finalized and thereby, the delay in disposal of the main petition would affect the career of them.

5. The learned counsel for the petitioner brought to the notice of 2/4

this Court and cited the authority in Amit Kumar vs. Suman Beniwal in 2021 SCC Online 1270.

6. Considering the circumstances explained, including the fact that early disposal of the said application would certainly help the petitioner in progress, personally and in her academic careers, the learned trial Judge is hereby directed to register I.A.SR.Nos.3530 & 3531 of 2023 and dispose of the same as expeditiously as possible, but not later than a month, from the date of receipt of the copy of this order as per law, taking into consideration of the authority in 2021 SCC Online 1270 [Amit Kumar vs. Suman Beniwal].

7. With the above directions, the Civil Revision Petition is disposed of. There shall be no order as to costs. 28.04.2023 ssi Index: Yes/No Speaking Order: Yes/No To

1. The VIII Subordinate Judge, Alandur

2. The Section Officer, V.R.Section, High Court, Madras. 3/4

Dr. D. NAGARJUN, J., ssi 28.04.2023 4/4