N. Ramanathan v. Divya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2024 Coram THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN N.Ramanathan ... Petitioner -VersusR.Divya ... Respondent Civil Revision Petition under Article 227 of the Constitution of India to direct the VII Additional Family Court, Chennai to dispose of HMOP.No.4011 of 2019 within a time frame fixed by this Court. For Petitioner : Mrs.P.Abirami

ORDER

There are two matters pending before the VII Additional Family Court at Chennai. HMOP.No.4011 of 2019 has been filed by the husband seeking restitution of conjugal rights. The wife, in turn, has presented HMOP.No.2645 of 2021 seeking divorce.

2. It is the case of the petitioner that he is ready to proceed with the matter and has been awaiting cross-examination by the respondent/wife in his HMOP. He would state that he is also willing to cross-examine the wife since

she has already filed a proof affidavit in HMOP.No.2645 of 2021 on 04.03.2023.

3. Learned counsel for the petitioner submits that on the next date of hearing, she will be ready to cross-examine the respondent in both proceedings.

4. Considering the fact that the parties have been litigating for over five years, I am inclined to direct the VII Additional Family Court, Chennai to dispose of the proceedings within a period of nine months from the date of receipt of a copy of this order.

5. In case, the learned VII Additional Family Court, Chennai feels that the husband is trying to drag on the proceedings, the time fixed under this order will not enure in favour of the husband.

6. With the above direction, this civil revision petition is dismissed. No costs.

12.04.2024 nl Index : yes / no : yes / no Speaking / Non Speaking Order

To The VII Additional Family Court, Chennai

V.LAKSHMINARAYANAN, J.

nl 12.04.2024