D. Rajesh v. Anbuselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM C.R.P.(PD) No.981 of 2015 D.Rajesh ... Petitioner Vs.

Anbuselvi ... Respondent Prayer:

Petition filed under Article 227 of Constitution of India praying to direct speedy disposal of H.M.O.P.66 of 2011 on the file of the learned Subordinate Judge, Rasipuram, pending disposal of the civil revision petition.

For Petitioner : Mr.N.Suresh

O R D E R

This revision is filed for a direction to the Sub-Court, Rasipuram to dispose of the H.M.O.P.66 of 2011 in a time frame. 2.The petitioner filed H.M.O.P.66 of 2011 against the respondent under Section 12 of the Hindu Marriage Act to declare the marriage solemnized on 07.03.2012 as null and void. The respondent filed an application in I.A.No.10 of 2013 for direction to take DNA test. The application was opposed by the petitioner in his counter. The

main grievance of the petitioner is that after the entire evidence was over in the H.M.O.P., the respondent has filed the application and the Trial Court without passing final orders in the interim application has sought information from the Forensic Sciences lab. 3.Mr.N.Suresh, the learned counsel appearing for the petitioner submitted that in view of the pendency of the interim application in I.A.No.10 of 2013, the petitioner could not proceed with the main case. The learned counsel further submitted that the Trial Court has not passed orders in I.A.No.10 of 2013 despite both the counsels have made their submissions on 10.10.2013.

4.Considering the facts of the case and the submission of the learned counsel appearing for the petitioner, the learned Sub-Judge, Rasipuram is directed to pass final orders in I.A.No.10 of 2013 within a period of one month from the date of receipt of a copy of this order. Accordingly, this civil revision petition is disposed of. No costs. 10.03.2015 pri To 1.The Subordinate Judge, Rasipuram.

K.KALYANASUNDARAM,J.

pri C.R.P.(PD) No.981 of 2015 10.03.2015