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Madras High CourtCMP/7811/2025dismissed

Dr.S. Priyadharshini v. Dr.K. Arun Shanmuga Prasath

2025-04-17Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and Tr.C.M.P.No.694 of 2024 Dr.S.Priyadarshini, Petitioner(s) Vs Dr.K.Arun Shanmuga Prasath Respondent(s) For Petitioner(s):

M/s.K.Sumathi For Respondent(s):

Mr.Madhusudhanan

ORDER

The reasons given by the petitioner for seeking extension of time are not convincing.

2. Mr.Madhusudhanan, appearing for the respondent states that his client is not interested in mediation or counselling. The petition for extension of time is premised on the ground that the parties have not been referred for counselling and that the application for maintenance is pending consideration. Insofar as the first ground is concerned, when the husband doesn't want counselling, this Court cannot force him for counselling. I cannot give a direction that the husband should participate in the said process.

3. With respect to the lack of provision for maintenance, both sides agree that an amount of Rs.25,000/- has been fixed as interim maintenance by the learned Family Judge. If the petitioner is aggrieved over the said fact, she has to work out her rights in an independent proceeding. With respect to return of jewels that was sought for by Ms.K.Sumathi, it is an issue that goes beyond the scope of transfer petition. The petitioner has to agitate that issue before the learned Trial Judge at the appropriate stage.

4. Furthermore, Mr.Madhusudhanan points out that the case is at the stage of trial and the documents have already been marked. Counselling is to be done, prior to the case being referred to trial. The matter already been taken up for trial, I am not inclined to consider the petition. Hence, this petition is liable to be dismissed.

5. It is needless to add, if the learned Judge feels that she requires time for disposal of the case, it is always open to her to address a letter seeking extension of time.

6. With the above observations, this petition stands dismissed. 17.04.2025 NCC : Yes/No Index : Yes/No Internet : Yes gvn

V. LAKSHMINARAYANAN, J.

gvn To The Principal Family Court, Chennai.

in Tr.C.M.P.No.694 of 2024 Dated : 17.04.2025