G. Nagarajan v. N. Saluja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2015 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P(PD).No.4733 of 2015 G.Nagarajan .. Petitioner Vs.

N.Saluja .. Respondent Prayer:- Civil Revision Petition is filed under Article 227 of Constitution of India, for the speedy disposal of the petition in M.O.P.No.166 of 2012 on the file of the Sub-Court, Ranipet, within the time framed by this Court.

For Petitioner : Mr.M.Rajendran

O R D E R

Civil Revision Petition is filed seeking direction to the SubCourt, Ranipet, to dispose of the petition in M.O.P.No.166 of 2012 pending on its file as expeditiously as possible on merits in accordance with law.

2.Learned counsel for the revision petitioner submitted that the revision petitioner/husband has filed a petition in M.O.P.No.166 of 2012 before the file of the Sub-Court, Ranipet, for divorce on the ground of cruelty. The respondent/wife has also filed a counter affidavit. During pendency of the petition, the respondent/wife has filed an application in I.A.No.28 of 2014 under Section 24 of the Hindu Marriage Act, for claiming interim maintenance. That application was allowed and on that basis, the revision petitioner/husband has been paid the monthly maintenance regularly. He further submitted that the proof affidavit has already been filed. Therefore, he 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, it reveals that the revision petitioner/husband has filed M.O.P.No.166 of 2012 for divorce and interim maintenance has already been ordered in I.A.No.28 of 2014.

respondent/wife regularly. Under such circumstances, I am of the view, it is a fit case to give a direction to the trial Court to dispose of the petition as early as possible. Accordingly, the Presiding Officer, Sub-Court, Ranipet, is directed to dispose of the petition in M.O.P.No.166 of 2012 within a period of three months from the date of receipt of a copy of this order, after ascertain as to whether there is any arrears of monthly maintenance to the respondent/wife. If there is any arrears of maintenance amount, the revision petitioner/husband is directed to pay the arrears to the respondent/wife before commencement of trial. 5.With the above direction, this Civil Revision Petition is disposed of. No costs.

22.12.2015 kj Index:Yes/No To The Sub-Court, Ranipet.

R.MALA,J.

kj C.R.P(PD).No.4733 of 2015 22.12.2015