C.N. Sriram v. S. Bharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2022 CORAM :

THE HONOURABLE MS. JUSTICE R.N.MANJULA C.R.P(PD).No.2679 of 2022 C.N.Sriram ... Petitioner ..Vs.

S.Bharathi ... Respondent Prayer :- Civil Revision Petition filed under Article 227 of Constitution of India to direct the learned Principal Family Judge, Coimbatore to complete the trial in H.M.O.P.No.1501 of 2015 within a time frame as fixed by this Court.

For Petitioner : Mrs.G.Selvi George

O R D E R

This Civil Revision Petition has been preferred seeking a direction for speedy disposal of H.M.O.P.No.1501 of 2015 pending before the learned Principal Family Judge, Coimbatore.

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2. Heard the learned counsel for the petitioner and perused the materials available on record.

3.The revision petitioner/husband is the respondent, against whom, the respondent herein/wife has filed the Original Petition in H.M.O.P.No.1501 of 2015 for restitution of conjugal rights. 4.The learned counsel for the revision petitioner/husband submitted that despite the petition was filed in the year 2015, the same is still pending without any disposal.

5.On perusal of the adjudication details of the case would show that the case which was filed in the year 2015 was referred to Lok Adalat and it seems no compromise was arrived at between the parties; thereafter, the Court has got the files back from Lok Adalat. Thereafter, the case is being adjourned ''for enquiry'' from 01.10.2019 onwards. 6.Despite the petition was filed in the year 2015, the enquiry has not been commenced till date. The conciliation attempts also resulted in failure. Under such circumstances, it is obligatory on the part of the Page No.2/4

learned trial Judge to take up the case for enquiry and examine the witnesses and dispose the original petition.

7. It is understandable that due to Covid-19 Pandemic situation, the Courts were not functioning effectively. Taking into consideration of the normalcy now returned, I feel it is appropriate to impress the learned Principal Family Judge, Coimbatore to dispose H.M.O.P.No.1501 of 2015 as expeditiously as possible.

8. In the result, this Civil Revision Petition is disposed and the learned Principal Family Judge, Coimbatore is directed to dispose H.M.O.P.No.1501 of 2015 as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs.

26.08.2022 Index:Yes/No Speaking Order:Yes/No ms R.N.MANJULA, J.

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To 1.The Principal Family Court, Coimbatore.

2.The Section Officer, V.R.Section, High Court, Madras.

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