J.Charles v. Miss Vijaya Sathiya Selvi.J

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.02.2017

CORAM

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN CRP(PD)No.3638 of 2013 J.Charles .. Petitioner Vs.

1.Vijaya Sathiya Selvi.J 2.Joseph Antony 3.J.Annathai 4.J.Prabhakaran ..Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Family Court, Chennai to dispose the case in G.W.O.P.No.2015 of 2013 pending on the file of the III Additional Judge, Family Court, Chennai within the stipulated period of time as fixed by this Court.

For Petitioner : Mr.N.Raja Senthoor Pandian For Respondents : Mr.K.S.Kumar

O R D E R

This Civil Revision Petition is filed seeking for a direction to the Family Court, Chennai to dispose the case in G.W.O.P.No.2015 of 2013 on the file of the learned III Additional Family Court, Chennai within a stipulated time frame.

2.The petitioner herein is also the petitioner in the above GWOP and he has filed the above original petition to hand over the custody of his daughter and to direct the respondents not to disturb the custody of his minor daughter who then about 9 years at the time of filing GWOP.No.2015 of 2013. It is his case that due to long pendency of the above Original Petition, he is unable to see his daughter and hence it is his contention that the Original petition filed by him is liable to be disposed of as expeditiously as possible.

3.I heard Mr.N.Raja Senthoor Pandian, learned counsel for the petitioner and Mr.K.S.Kumar, learned counsel for the respondents and perused the entire materials available on record. 4.On perusal of records, it appears that there are few other litigations too pending between the petitioner and the respondents in same regard.

5.In such circumstances, in view of limited prayer sought for in this Civil Revision Petition and considering that the Original petition is of the year 2013, I am inclined to dispose of this Civil Revision Petition

and therefore, the learned III Additional Family Court, Chennai is directed to dispose of the GWOP.No.2015 of 2013 within a period of three months from the date of receipt of a copy of this order. It is further made clear that this Court has not expressed any opinion on merits or demerits of the case on hand.

6.Accordingly, the trial Court is directed to dispose of the above Original Petition in GWOP.No.2015 of 2013 in accordance with law and after taking into consideration of relevant proceedings and its outcome if any, already arrived between the parties. No costs. 28.02.2017 vs Note:Issue order copy on 14.02.2019 Internet:Yes/No Index:Yes/No To The III Additional Judge, Family Court, Chennai.

M.V.MURALIDARAN, J.

vs CRP(PD)No.3638 of 2013 28.02.2017