K.S. Arokya Rohith v. S. Arockia Arlin

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

1. K.S.Arokya Rohith

2. S.Arockia Arlin ... Petitioners PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Principal District Judge, Chengalpattu to expeditious dispose of I.D.O.P.No.189 of 2023 pending on the file of the Principal District Judge, Chengalpattu, within a time frame fixed by this Court.

For Petitioner :

Ms.R.J.Radhika

O R D E R

This Civil Revision Petition has been filed for a direction to the learned Principal District Judge, Chengalpattu to dispose of the petition in I.D.O.P.No.189 of 2023 within the stipulated time that may be fixed by this Court.

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2. The case of the petitioners is that the first petitioner herein is the husband and the second petitioner herein is the wife who got married on 29.11.2017 as per Christian faith and tradition. The petitioners had serious difference in their perceptions and opinions and they have not been able to lead a peaceful life together and they have not been able to maintain a cordial relationship between themselves. Therefore, the parties have decided to resolve the dispute amicably by filing the petition under Section 10-A of the Divorce Act, 1869 for mutual consent and thereafter, the petitioners have filed I.D.O.P. No.189 of 2023 on the file the Principal District Court, Chengalpattu. Hence, the present petition has been filed for a direction to the Principal District Court, Chengalpattu to dispose of the said case within the stipulated time that may be fixed by this Court.

3. The learned counsel for the petitioners submitted that the petitioners are not living together since January 2018 and hence, they had preferred the mutual consent petition. The first petitioner is working as Second Officer at the Ship and he is granted permission to travel to Chennai once in a year and the second petitioner/wife states that the alliance is fixed 2/5

for her and marriage date is also finalized and therefore, a speedy disposal of the petition would secure her future life. Hence, the petitioners filed petitions in I.A.(SR)Nos. 7507, 7508 and 7509 of 2023 for urgent hearing, advance hearing and waiver petition respectively. Subsequently, the urgent petition was numbered as I.A.No.1 of 2023 and other petitions were returned and the same are pending as unnumbered before the trial Court. Therefore, the petitioners pray for speedy disposal of I.D.O.P.No.189 of 2023.

4. Heard the learned counsel for the petitioners and perused the materials available on record.

5. Taking note of the facts and circumstances of the case, the learned Principal District Judge, Chengalpattu is directed to dispose of the main petition in I.D.O.P. No.189 of 2023 as expeditiously as possible and file report before this Court after disposal of that main O.P. The parties concerned are directed to co-operate for trial, without getting any unnecessary adjournment.

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6. Accordingly, this Civil Revision Petition is disposed of with the above direction. No costs.

28.07.2023 Index : Yes/No Speaking/Non-speaking order kv To The Principal District Judge, Chengalpattu.

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V.BHAVANI SUBBAROYAN,J.

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