Vishnu A. Subash v. P.J.Geetha Nee P. Divya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2015 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P(PD).No.4525 of 2015 Vishnu A. Subash

...Petitioner

Vs P.J.Geetha Nee P.Divya

...Respondent

Civil Revision Petition filed under Article 227 of the Constitution of India to direct the I Additional Family Court, Chennai to dispose of O.P.No.1975 of 2014 within a fixed time. For Petitioner :

Ms.K.Bhawatharini

O R D E R

Civil Revision Petition is filed seeking direction to I Additional Family Court, Chennai to dispose of O.P.No.1975 of 2014 pending on its file as expeditiously as possible on merits in accordance with law.

2.Learned counsel for the revision petitioner/husband submits that the petitioner/husband has filed a petition in M.J.No.2193 of 2013 for divorce before the Family Court, Bandra, Mumbai and as per the order of the Honourable Apex Court, it was transferred to I Additional Family Court, Chennai and renumbered as O.P.No.1975 of 2014. Thereafter, since the respondent/wife has not appeared, she was set exparte. Subsequently, she filed an application to set aside the exparte order and counter has been filed. She further submits that the respondent/wife without get along with the trial, is dragging on the proceedings. Therefore, she prayed for early disposal of the petition.

3.Considering the limited nature of the relief as sought for herein, notice to the respondent is dispensed with. 4.In view of the submissions made by the learned counsel for the revision petitioner and on perusal of the typed set of papers, since the petition for divorce is pending, it is a fit case to give a direction to the trial Court to dispose of the same as early as possible. Accordingly, the I Additional Family Court, Chennai, is directed to dispose of O.P.No.1975 of 2014 within a period of six

months from the date of receipt of a copy of this order, on day to day basis, after giving fair opportunity to both the parties. Accordingly, this Civil Revision Petition is ordered. No costs. 07.12.2015 kj To I Additional Family Court, Chennai.

R.MALA,J.

kj C.R.P(PD).No.4525 of 2015 07.12.2015