Madras High CourtCRP/55/2018disposed of

R. Senthilkumar v. E. Vanjinayagi @ Vanjikodi

2018-01-09Honourable Mr Justice D. Krishnakumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP (PD) No. 55 of 2018 R. Senthilkumar .. Petitioner Vs E. Vanjinayagi @ Vanjikodi .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, seeking to direct the Sub Court, Dharapuram, Tiruppur District to dispose HMOP No. 76 of 2014 pending on its file, within a stipulated time by allowing this revision petition. For Petitioner : Mr. C. Prakasam

O R D E R

This revision petition is filed seeking to direct the Sub Court, Dharapuram, Tiruppur District to dispose HMOP No. 76 of 2014, within a stipulated time.

2. The revision petitioner has filed HMOP No.76 of 2014 before the Sub Court, Dharapuram, seeking for divorce. Subsequently, the respondent also filed HMOP No.51 of 2017 seeking for conjugal right. The petitioner is paying Rs.15,000/- per month to the respondent as per the order of this Court. The court below is trying both the HMOPs jointly. Subsequently, the respondent has filed I.A. No. 497 of 2015 and other applications, which have been closed and the petitions are posted for cross examination of PW1.

3. According to the petitioner, he filed the divorce petition during the year 2014. But, the respondent is dragging on the proceedings, by filing various applications and therefore the petitioner has filed the present revision petition, seeking for the aforesaid prayer. At present there is no Application pending before the trial Court. Hence, there is no impediment for the trial Court to dispose of the petitions, within a time frame.

4. Heard the submission of the learned counsel for both the parties and perused the material available on record.

5. By considering the facts and circumstances of the case, since there is no application pending as on today and that the HMOP is posted for evidence of PW1, this Court is inclined to direct the Subordinate Court, Dharampuram, to dispose the said petitions in HMOP Nos. 76/2014 and 51/2017, in accordance with law, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order.

6. The Civil Revision Petition is disposed of, with the above direction. No costs.

09.01.2018 Index : Yes/ No Speaking order/ Non speaking order avr To The Subordinate Judge Dharapuram.

D. KRISHNAKUMAR J., avr CRP (PD) No. 55 of 2018 09.01.2018