C.Renukambal v. L.Chandrasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:17.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD) No.2277 OF 2019 C.Renukambal ... Petitioner Vs.

L.Chandrasekar ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India praying to direct the II Additional Family Court, Chennai to dispose of H.M.O.P.No.4482 of 2013 pending on its file within the stipulated time.

For petitioner : Mr.D.Manimaran ***

O R D E R

The petitioner / wife filed a petition in H.M.O.P.No.4482 of 2013 for restitution of conjugal rights on 30.11.2013. The

respondent / husband filed a petition H.M.O.P.No.257 of 2006 for divorce on 17.08.2006. Both the petitions are pending for trial before II Additional Family Court, Chennai. In the meanwhile, a petition for maintenance was filed by the petitioner / wife in M.C.No.158 of 2008 and the same was ordered on 12.10.2009.

2. Perusal of the adjudications shows that the above matters are still pending in the enquiry stage and trial has not commenced yet. Aggrieved over the same, the wife is before this Court.

3. Considering the long pendency of the petition filed by the petitioner / wife for restitution of conjugal rights from the year 2013 and husband for divorce from the year 2006, this Court is inclined to direct the II Additional Family Court, Chennai to dispose of both the petitions at an earlier date.

4. Accordingly, a direction is issued to the II Additional Family Court, Chennai to dispose of both H.M.O.P.No.4482 of 2013 and H.M.O.P.No.257 of 2006 respectively, within a period of six months from the date of receipt of a copy of this order. It is open to the II Additional Family Court, Chennai, to decide as to

whether to conduct joint trial or simultaneous trial.

5. The Civil Revision Petition is disposed of with the above observation and direction. No costs.

17.07.2019 Index: Yes/No Speaking Order/Non Speaking order.

bkn

M.GOVINDARAJ, J.

bkn C.R.P.(PD) No.2277 OF 2019 17.07.2019