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Madras High CourtCRP/2125/2019ordered accordingly

J.Jayakumar v. Soniya Chandramohan

2019-07-03Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2019 C O R A M:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(PD)Nos.2125 OF 2019 J.Jayakumar ... Petitioner Vs.

Soniya Chandramohan ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India praying to direct the II Additional Family Court, Chennai to conduct the trial in O.P.No.3459 of 2016 on day-to-basis or to dispose-off the case. For Petitioner : Mr.R.Saravanakumar

O R D E R

This petition is filed by the petitioner seeking to direct the II Additional Family Court, Chennai to conduct the trial in H.M.O.P.No.3459 of 2016 on day to day basis.

2. The petitioner filed a petition in H.M.O.P.No.3459 of 2016 for divorce against the respondent. During pendency of the divorce petition, the respondent / wife filed a petition for maintenance in M.C.No.29 of 2016. The II Additional Family Court awarded interim maintenance and litigation expenses. The same was also confirmed by this Court in C.M.A.No.1026 of 2018 dated 17.09.2018. After passing of the above said order, the respondent / wife filed a petition in I.A.No.2835 of 2018 in H.M.O.P.No.3459 of 2016 for production of certain documents to ascertain the true income of the petitioner / husband.

3. According to the petitioner, once interim maintenance was granted by this Court, it is not open to respondent / wife to re-agitate the very same issue. It is the contention of the petitioner that the respondent / wife attempted to protract the proceedings. Therefore, he seeks direction from this Court for early disposal of H.M.O.P.No.3459 of 2016 filed by him for divorce.

4. Considering the facts and circumstances of the case, a direction is issued to the II Additional Family Court, Chennai to dispose of H.M.O.P.No.3459 of 2016, as expeditiously as possible.

5. The Civil Revision Petition is ordered accordingly. No costs. 03.07.2019 bkn Index: Yes / No Speaking order / Non speaking order To

1. The II Additional Family Court, Chennai.

M.GOVINDARAJ, J.

bkn C.R.P.(PD)Nos.2125 OF 2019 03.07.2019