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Madras High CourtCRP/2679/2023disposed of

Sureshkumar v. Gandhimathi

2023-08-07Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :.07.08.2023 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Suresh Kumar

...Petitioner

.Vs.

Gandhimathi .

..Respondent Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the Sub-Court, Omalur to dispose of the Restitution of Conjugal petition in H.M.O.P.No.41 of 2021 within a time limit fixed by this Court and and pass orders. For Petitioner : Mr. B. Gopalakrishnan

ORDER

This petition is filed to direct the Sub-Court, Omalur to dispose of the Restitution of Conjugal petition in H.M.O.P.No.41 of 2021 and pass orders.

2. The facts of the case is that the petitioner married the respondent on 11.06.2007 at Sugavaneshwarar Temple, Salem as per Hindu Rites and Rituals and due to the said wedlock two children were born to them. Thereafter, there were some misunderstanding between them with regard to taking care of the mother of the petitioner, due to which the respondent left the matrimonial home in the year 2019 and living in the parental house. Hence, the petitioner filed a restitution petition for conjugal rights in H.M.O.P.No.41 of 2021 before the sub-Court, Omalur. The grievance of the petitioner is that even though the respondent entered appearance through her counsel, she is not interested to proceed the case and dragging the proceedings till date and the Court below has also giving unnecessary adjournments. Hence this petition.

3. The learned counsel for the petitioner submitted that the petitioner has taken his earnest efforts possible to reunion with the respondent, but all the efforts ended in vain. Hence he prays this Court to allow this petition.

4. In view of the above, the learned I Additional Principal Family Judge, Omalur is directed to conduct counselling initially for re-union and thereafter dispose of the H.M.O.P.No.41 of 2021 within a period of six months from the date of receipt of a copy of this order.

5. With the above directions, this Civil Revision Petition is disposed of. No order as to costs.

07.08.2023 smn Index : Yes/No Internet: Yes/No

V.BHAVANI SUBBAROYAN,J.

Smn To.

1. The Sub-Court, Omalur 07.08.2023