Devi v. P. Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Devi .. Petitioner vs.

1.P.Ramesh

2. Kamsala ..Respondents Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned Judge, Family Court, Tiruvannamalai to dispose of the HMOP No.58 of 2022 pending on his file in a stipulated time to be fixed by this Court.

For Petitioner :

Mr.Mohan

ORDER

The Civil Revision Petitioner seeks for a direction to dispose of H.M.O.P.No.58 of 2022 pending on the file of learned Family Court at Thiruvannamalai.

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2. A perusal of the E-Courts extract shows that an application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 is pending.

3. The learned counsel for the petitioner submits that the said application has been numbered as I.A.No.5 of 2024 and it is posted for counter of the respondent/husband to 12.08.2024.

4. When an interim application is pending, that too in the nature of interim maintenance, I do not think it would be appropriate to pass orders directing the learned Family Court Judge to dispose of the OP itself. To dispose of the OP, the pleadings must be complete and the matter must be listed for trial. The pleadings are not complete in the present case. Therefore, I am not inclined to give a direction as prayed for.

5. Taking into consideration that interim application filed by the wife seeking for maintenance is pending, the learned Family Court Judge, Thiruvannamalai is requested to dispose of I.A.No. 5 of 2024 within a period of 12 weeks from the date of receipt of a copy of this order. Accordingly, this Civil Revision Petition is dismissed. There shall 2/4

be no order as to costs.

07.08.2024 Index:Yes/No gpa To

1. The Family Court, Tiruvannamalai

2. The Section Officer VR Section Madras High Court 3/4

V. LAKSHMINARAYANAN, J.

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