Madras High CourtCRP/4074/2016disposed of

S. Balaji v. M. Sudha

2017-07-13Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2017 CORAM :

THE HONOURABLE MR. JUSTICE M. GOVINDARAJ C.R.P.(PD) No.4074 of 2016 S.Balaji ... Petitioner Vs.

M.Sudha ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the trial Court to dispose of the case in H.M.O.P.No.2 of 2014 pending on the file of learned Sub-ordinate Judge, Tambaram by fixing an early disposal within the time frame as fixed by this Court.

For Petitioner : Mr.S.Balasubramanian * * * * *

ORDER

The petitioner/husband has filed H.M.O.P.No2 of 2014 on the file of the Sub Court, Tambaram, for Divorce on 20.12.2013.

2.Notice was served on the respondent on 17.02.2014 and the matter was posted for filing counter on 03.04.2014. Thereafter, on 08.10.2015, the matter was posted for trial. PW1 was examined on that day and marked documents in his favour. Strong objections were raised by the wife and thereafter, the matter was adjourned to 19.11.2015, 28.01.2016, 03.03.2016, 21.04.2016, 24.06.2016, 11.08.2016, 20.10.2016 for cross examination of PW1. On 20.10.2016, it appears that an interlocutory application for litigation expenses was filed and that same is still pending. 3.The learned counsel appearing for the petitioner would submit that even as on date, the matter is pending for cross examination of PW1 and no progress has been made till date. 4.Record of proceedings shows that the matter was admitted on 05.01.2017. Notice was served to the respondent/wife on 02.02.2017 and on 12.01.2017, by way of private notice. But, she has not chosen to appear before this Court.

5.The learned counsel for the petitioner would further submit that he has verified in the Registry about the appearance of the respondent. Till date, no vakalat has been filed on behalf of the

respondent/wife.

6.Therefore, considering the facts and circumstances of the case, a direction is issued to the Sub Court, Tambaram, to dispose of the above said matter, as expeditiously as possible, in any event, within a period of six months from the date of receipt of a copy of this order.

7.With these observations, these Civil Revision Petitions are disposed of. No Costs. Connected Miscellaneous Petitions is closed.

13.07.2017 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No ah/tk To The learned Sub Judge, Tambaram.

M.GOVINDARAJ, J.

ah/tk C.R.P.(PD) No.4074 of 2016 13.07.2017