Shringar Mascarenhas v. Gayatri Muthu Vaidyanathan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:20.11.2015

CORAM

THE HONOURABLE Ms. JUSTICE R.MALA C.R.P.(PD).Nos.4396 and 4397 of 2015 Shringar Mascarenhas ..Petitioner in both C.R.Ps /vs/ Gayatri Muthu Vaidyanathan ..Respondent in both C.R.Ps PRAYER in C.R.P.(PD)No.4396/2015:Civil Revision Petition is filed under Article 227 of the Constitution of India, directing the I Additional Family Court at Chennai to dispose off I.A.No.1208 of 2014 in O.P.No.4379 of 2010 within the time frame fixed by this Court.

PRAYER in C.R.P.(PD)No.4396/2015:Civil Revision Petition is filed under Article 227 of the Constitution of India, directing the I Additional Family Court at Chennai to dispose off I.A.No.1209 of 2014 in O.P.No.4379 of 2010 within the time frame fixed by this Court.

For Petitioner : Mr.A.K.Sriram For M/s.A.S.Kailasam & Associates

COMMON ORDER These Civil Revision Petitions are filed for speedy disposal of I.A.Nos.1208 and 1209 of 2014 in O.P.No.4379 of 2010 pending on the file of the I Additional Family Court, Chennai.

2.The petitioner and the respondent got divorce by mutual consent and at that time, the visitation right of the child also has been determined. Contra to that, the respondent wife has taken the child to Singapore. Hence, the petitioner/husband was forced to file I.A.Nos.1208 and 1209 of 2014 to modify the order dated 09.08.2011 in O.P.No.4379 of 2010 with regard to the custody of the minor Tania Mascarenhas and direct the respondent to hand over the minor Tania Mascarenhas to the petitioner. Even though the respondent appeared before the Trial Court, the matter was not disposed of. Therefore, the petitioner prays for earlier disposal of I.A.Nos.1208 and 1209 of 2014 in O.P.No.4397 of 2010 pending on the file of the I Additional Family Court, Chennai.

3.Heard the learned counsel for the petitioner and perused the typed set of papers. Considering the limited nature of the relief as sought for herein, notice to the respondent is dispensed with.

4.Considering the submission made by the learned counsel for the revision petitioner and since the respondent appeared before the Trial Court on 26.09.2015, I am of the view that it is a fit case to direct the trial Court to dispose of the O.P.No.4397 of 2010 as early as possible. Accordingly, the Presiding Officer, I Additional Family Court, Chennai, is directed to dispose of O.P.No.4397 of 2010 within three months from the date of receipt of a copy of this order.

5.With the above direction, this Transfer Civil Miscellaneous Petition is disposed of. No costs.

20.11.2015 Index: Yes/No Internet:Yes/No cse

R.MALA, J.

cse To I Additional Family Court, Chennai.

C.R.P(PD)Nos.4396 and 4397 of 2015 20.11.2015