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Madras High CourtCRP/1825/2021disposed of

R.Bhuvaneswari v. V.Thirunavukarassu

2021-09-08Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2021

CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN (Through Video Conference) R. Bhuvaneswari

...Petitioner

Versus

V. Thirunavukarassu

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the Family Court at Pondicherry to dispose the M.O.P.No.123 of 2016 pending before it within a stipulated period of time as may by fixed by this Court.

For Petitioner : Mr.K. Balasubramaniam *****

O R D E R

This Civil Revision Petition is filed seeking for a direction to the learned Family Court at Puducherry and to dispose M.O.P.No.123 of 2016 within the stipulated time fixed by this Court.

2. The learned counsel for the petitioner submitted that the respondent/ husband filed a petition under Section 13 (1) (i-a) of the Hindu Marriage Act seeking for divorce on the ground of cruelty against the petitioner.

3. During the pendency of this petition, the respondent had filed I.A. No 690 of 2017 for impleading one D.Selvam, and that petition was also allowed on 26.02.2019. The petition to amend the main petition is still pending without any reason. In fact, the amendment petition was filed only on 04.02.2021 after the disposal of impleading petition on 26.02.2019. The main divorce petition is unnecessarily dragged by the respondent. Therefore, the learned counsel for the petitioner prays for fixing a time frame for the disposal of M.O.P.No.123 of 2016.

4. The background of this case was that M.O.P.No.123 of 2016 was filed for divorce by the respondent. The impleading petition to implead one D.Selvam was allowed on 26.06.2019. Thereafter, only on 04.02.2021, the amendment petition was filed. This case comes under the category of five(05) year old cases. Therefore, the learned Family Court Judge at Pondicherry is directed to dispose the amendment petition immediately and proceed to dispose the M.O.P. on merits and in accordance with law, as expeditiously as possible, preferably within a period of three(03) months from the date of receipt of a copy of this order.

5. With the above directions, this Civil Revision Petition stands Disposed of. No costs.

08.09.2021 Index: Yes/ No Speaking Order / Non-Speaking Order sts/JAI To:

The Family Court, Pondicherry

G.CHANDRASEKHARAN , J., sts/ JAI Order made in Dated:

08.09.2021