A.Jayaanand v. S.Rajeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA A.Jayaanand ... Petitioner in both CRPs.

..Vs..

S.Rajeswari ... Respondent in both CRPs.

Common Prayer :- Civil Revision Petitions filed under Article 227 of the Constitution of India, to direct the Principal Judge, Principal Family Court, Coimbatore to dispose H.M.O.P.Nos.197 of 2020 and 265 of 2020 before a date to be fixed by this Court. For Petitioner in both CRPs : Mr.S.Chandra Bose C O M M O N O R D E R These Civil Revision Petitions have been preferred seeking a direction to dispose of H.M.O.P.Nos.197 of 2020 and 265 of 2020, respectively, pending on the file of the Principal Family Court, Coimbatore.

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2.Heard the learned counsel for the petitioner and perused the materials available on record.

3. The petitioner is the husband, who filed H.M.O.P.No.197 of 2020 for the relief of dissolution of marriage. The respondent/wife has also filed H.M.O.P.No.265 of 2020 for the relief of Restitution of Conjugal Rights. Earlier on the petition filed by the respondent/wife, both the petitions are accommodated to be tried by the learned Principal Judge, Family Court, Coimbatore, itself.

4.The learned counsel for the petitioner submitted that even after the matter was transferred to Coimbatore, the respondent did not file counter affidavit and the matter is inordinately getting delayed. It is further submitted that the petitioner is a Doctor by profession and because of the long pendency of the proceedings, he is not able to concentrate in his profession.

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5. It is seen from records that originally the petitioner filed a petition in H.M.O.P.No.53 of 2019 seeking divorce before the Sub Court, Thiruchendur and during the pendency of the petition, the case was transferred to Principal Family Court, Coimbatore and got renumbered as H.M.O.P.No.197 of 2020 by the learned Principal Family Court, Coimbatore. Since the matter is pending for a long time, it will be appreciable, if the learned Principal Judge, Family Court, Coimbatore gives short adjournments and dispose of the matters as early as possible.

6. In the result, these Civil Revision Petitions are disposed of and taking into consideration of the long pendency of the petitions the learned Principal Judge, Family Court, Coimbatore is directed to dispose of the matters as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. No costs. 28.06.2022 Index:Yes No Speaking Order:Yes/No ms Page No.3/4

R.N.MANJULA, J.

ms To The Principal Family Court, Coimbatore.

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