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Madras High CourtCRP/459/2016allowed

N.Sekar Babu, v. Mrs.Asha Rani

2016-04-05Honourable Mr Justice P.R.Shivakumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 5.4.2016.

CORAM

THE HON'BLE MR.JUSTICE P.R.SHIVAKUMAR Civil Revision Petition (PD) Nos.459 and 460 of 2016 N.Sekar Babu Petitioner vs.

Mrs.Asha Rani Respondent Civil Revision Petitions filed under Article 227 of the Constitution of India for speedy trial and early disposal of H.M.O.P.No.3188 of 2006 filed by the respondent herein for restitution of conjugal rights and H.M.O.P.No.1039 of 2006 filed by the petitioner for divorce respectively, on the file of the I Additional Family Court, Chennai 600 104, within a time frame fixed by this court. For petitioner : Mr.S.Selvaraj For respondent : No appearance.

COMMON ORDER Even though notice was served on the respondent and the name of the respondent finds a place in the cause title, she has not chosen to enter appearance either in person or through counsel. Hence, this court deems it fit to pass an order on hearing the submissions made on behalf of the petitioner.

2. The present revision petitions have been filed under Article 227 of the Constitution of India for the limited relief of a direction to

the I Additional Family Court, Chennai to dispose of H.M.O.P.Nos.3188 of 2006 and 1039 of 2006 pending on the file of the said court within a time to be fixed by the court.

3. In view of the limited scope of prayer and in view of the fact that the respondent has not chosen to enter appearance to resist the petition, especially in the light of the fact that the H.M.O.Ps. are pending for about ten years, this court is of the view that the relief sought for has to be granted.

4. Accordingly, the civil revision petitions are allowed. The I Additional Family Court, Chennai is directed to take up the trial in H.M.O.P.Nos.3188 of 2006 and 1039 of 2006 and proceed with the same, without granting unnecessary adjournments and dispose of the same as early as possible, in any event, within a period of four months from the date of receipt of copy of this order. No costs. 5.4.2016.

Index: Yes/No.

Internet: Yes/No.

ssk.

To I Additional Family Court, Chennai 600 104

P.R.SHIVAKUMAR, J.

Ssk.

C.R.P.(PD) Nos.459 and 460 of 2016 5.4.2016.