Sundaramoorthy v. Parameshwari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.07.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN Civil Revision Petition Nos. 2307 & 2308 of 2023 Sundaramoorthy

...Petitioner

[in both CRPs]

Versus

Parameshwari

...Respondent

[in both CRPs] Civil Revision Petitions filed under Article 227 of the Constitution of India, praying to issue a direction to dispose of the HMOP.No. 123 of 2022 on the file of Sub Court, Neyveli and DVC.No. 2 of 2022 on the file of District Munsif Cum Judicial Magistrate, Neyveli, within a stipulated period of time as fixed by this Court.

For Petitioner : Mr. V. Regunathan [in both CRPs] ---- 1/5

COMMON ORDER These Civil Revision Petititios have been filed seeking for a direction to dispose of the HMOP.No. 123 of 2022 on the file of Sub Court, Neyveli and DVC.No. 2 of 2022 on the file of District Munsif Cum Judicial Magistrate, Neyveli, within a stipulated time as fixed by this Court. 2.

The case of the petitioner/husband is that the marriage was solemnized between the husband and the wife on 27.04.2005. Out of their wedlock, the respondenet/wife gave birth a male child. The respondent was working as a teacher. Thereafter, there was some difference of opinion between them, hence the husband filed H.M.O.P. No. 123 of 2022 before the Sub Court, Neyveli, seeking for divorce. In the year 2014, the husband was affected by kidney problems and was advised to take continuous treatment by the doctors and knowing the medical facts, she never take care of the petitioner. Subsequently, the respondent filed DVC.No. 9 of 2018 before the District Munsif Cum Judicial Magistrate Court at Neyveli and the same was withdrawn by the respondent after receiving jewels and 2/5

compensation amount from her husband. Thereafter, the respondent filed another DVC.No. 2 of 2022 against her husband to harass him. Now, the husband is ready to co-operate for trial and conduct the case. The husband is aged about 43 years and his health condition is worsening and he is in continuous treatment for his kidney problems. However, he was advised by the doctors not to travel frequently due to his health conditions. Therefore, the petitioner has approached this Court seeking for a direction to expedite the trial and dispose of the HMOP and DVC.

3.

After hearing the submissions made by the learned Counsel for the petitioner/husband, this Court is inclined to pass the following order:- "The trial Court is directed to dispose of the HMOP.No. 123 of 2022 filed by the petitioner/husband pending on the file of Sub Court, Neyveli and DVC.No. 2 of 2022 filed by the respondent/wife pending on the file of District Munsif Cum Judicial Magistrate, Neyveli, within a period of one year from the date of receipt of a copy of this order.

3/5

4. With the above directions, this Civil Revision Petitions are disposed of. There shall be no order as to costs.

13.07.2023 Index : Yes/No Speaking Order : Yes/No MSM To

1. The Sub Court, Neyveli.

2. The District Munsif Cum Judicial Magistrate, Neyveli. 4/5

V. BHAVANI SUBBAROYAN, J MSM Civil Revision Petition Nos. 2307 & 2308 of 2023 13.07.2023 5/5