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Madras High CourtCRP/2285/2013dismissed

Karthick v. Minor Keerthana

2016-10-21Honourable Mr Justice V. Parthiban5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 17.10.2016 Delivered on: 21.10.2016

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN C.R.P.(PD)Nos.2285 to 2288 of 2013 Karthick .... Petitioner in all the petitions vs Minor Keethana, rep. by mother and guardian Narayanee @ Krithika .... Respondent in CRP PD 2285 to 2287 of 2013 Narayanee @ Krithika .... Respondent in CRP PD 2288 of 2013 Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to direct the Principal Judge, Family Court, Chennai to dispose of I.A.Nos.486 & 1649 of 2010, 2035 & 2429 of 2011 in O.P.No.383 of 2007, within a time frame that may be fixed by this Court.

For petitioner :

Mr.J.Saravana Vel For respondents :

Mr.K.Shanthakumari COMMON ORDER These Revision Petitions have been filed by the petitioner, praying to direct the learned Principal Judge, Family Court, Chennai to

dispose of I.A.Nos.486 & 1649 of 2010, 2035 & 2429 of 2011 in O.P.No.383 of 2007, within a time frame that may be fixed by this Court.

2. Since the prayer made in all these Revision Petitions is one and the same, these petitions are taken up together and being disposed of by this common order.

3. Heard both sides and perused the materials available on record.

4. The petitioner herein is the husband of one Mrs.Narayanee @ Krithika. Out of their wedlock, a girl child was born. He moved a petition in HMOP No.383 of 2007 under Section 13(1)(ia) of the Hindu Marriage Act, 1955 before the Family Court, Chennai, seeking for divorce on the ground of cruelty. Pending the main petition, the above said interlocutory applications were moved before the learned Principal District Judge, Family Court, Chennai, for the following reliefs, viz., i) I.A.No.486 of 2010 was filed by the minor child, seeking to enhance the interim maintenance from

Rs.10,000/- to Rs.15,000/- and to direct the respondent to pay the enhanced amount to her;

ii) I.A.No.1649 of 2010 was also filed by the minor child, seeking to direct the respondent to pay the entire her educational expenses to the tune of Rs.66,749/-; iii) I.A.No.2429 of 2010 was filed by wife, seeking to strike off the defence of the defaulter, the petitioner herein and dismiss the main OP 383 of 2007; and iv) I.A.No.2035 of 2011 was filed by the petitioner herein, seeking to revise the order of interim maintenance from Rs.10,000/- per month to Rs.3500/- per month.

5. It is represented by the learned counsel for the petitioner that the above said Interlocutory Applications have been pending and even after a lapse of three years, no final orders have been passed therein. Therefore, the learned counsel sought for expeditious disposal of the said interlocutory applications within a time frame.

6. In view of the limited prayer sought for in these Revision Petitions and taking note of the fact that the interlocutory applications have been pending for the past more than five years, the learned Principal District Judge, Family Court, Chennai is directed to dispose

of the aforementioned Interlocutory Applications by affording an opportunity to both parties, within a period of four months from today.

With the above direction, these Civil Revision Petitions are disposed of. No costs.

Suk 21-10-2016 To The Principal Judge, Family Court, Chennai Note: Issue order copy by today itself

V.PARTHIBAN, J.

suk PRE DELIVERY ORDER IN CRP.(PD).2285 to 2288 of 2013 21-10-2016