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Madras High CourtCRP/4835/2015disposed of

K.Hemanand v. A.Kowsalya

2016-01-07Honourable Ms. Justice R.Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA CRP.(PD).No.4835 of 2015 K.Hemanand ... Petitioner Vs.

A.Kowsalya ... Respondent Prayer:- Petition filed under Article 227 of the Constitution of India praying for a direction to dispose of the case in F.C.O.P.No.471 of 2013 on the file of Family Court, Salem, within a stipulated time frame.

For Petitioner :

Mr.M.Santhanaraman

O R D E R

Heard the arguments of the learned counsel appearing for the petitioner in length at the time of admission. Considering the nature of order to be passed herein, notice to the respondent is dispensed with.

2. The petitioner has come forward with this Civil Revision

Petition praying for early disposal of the case in F.C.O.P.No.471 of 2013 on the file of Family Court, Salem.

3. Earlier, the petitioner/husband filed F.C.O.P.No.47 of 2013 on the file of Family Court, Salem seeking divorce on the ground of cruelty. In the said application, counter has also been filed by the respondent/wife. It is also seen that I.A.No.43 of 2015 filed for interim maintenance is pending.

4. The learned counsel appearing for the petitioner would submit that the petitioner is ready to pay the interim maintenance as per Section 24 of the Hindu Marriage Act, even though, the petition in I.A.No.43 of 2015 is pending before the Family Court, Salem. He further submitted that the petitioner wants earlier disposal of F.C.O.P.No.471 of 2013.

5. Considering the submission of the learned counsel appearing for the petitioner, the Presiding Officer, Family Court, Salem, is directed to dispose of I.A.No.43 of 2015 within a period of one month from the date of receipt of a copy of this order. Further, the petitioner/husband is directed to pay the interim maintenance to

be ordered by the Family Court to the respondent/wife with arrears, if any. On such payment, the Presiding Officer, Family Court, Salem, is directed to dispose of F.C.O.P.No.471 of 2013 within a period of 6 months thereafter.

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

07.01.2016 nvsri To The Presiding Officer, Family Court, Salem.

R.MALA,J.

nvsri CRP.PD.No.4835 of 2015 07.01.2016