R. Jothi v. S. Sumitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-07-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI R.Jothi S/o K.A.Ramachandra Reddiyar, Plot No.1-C, Nachatra Apartments, Ground Floor, Perumal Nagar (near J.S.Grand Palace), Medavakkam, Chennai 600 100.

Petitioner(s) Vs S. Sumitha W/o R.Jothi, Door No.5/416, Shahin Vilas- 'A'

Block, Ground Floor, 4th Street, Rajeev Nagar, S.Kolathur Main Road, Kovilambakkam, Chennai 600 117.

Respondent(s) PRAYER: This Civil Revision Petition filed under Article 227 of the Constitution of India, to allow this Civil Revision Petition, direct the IV Additional Family Court, Chennai to dispose of OP.541 of 2021 in a time bound manner and within a time frame fixed by this Court. For Petitioner(s):

Ms.B.Poongkhulali

ORDER

The husband who sought for divorce in H.M.O.P.No.541 of 2021 is pending before the IV Additional Family Court, Chennai, is the revision petitioner.

2. The revision petitioner seeks expeditious disposal of the H.MO.P.No.541 of 2021, admittedly which is pending from the year 2021.

3. Ms.B.Poongkhulali, leaned counsel for the petitioner contended that the evidence has been closed after the parties have entered the witness box and let in evidence, oral and documentary and even arguments are advanced and at that stage, the respondent has come up with applications for re-opening and recalling a witness. She would further submit that similar and multiple requests has been made by the respondent/wife and the H.M.O.P., is kept pending for want of co-operation from the side of the respondent.

4. The learned counsel for the petitioner also invites my attention to the

memo dated 04.06.2025, stating that the respondent/wife has filed a petition for restitution of conjugal rights in SR.No.2959 of 2025 and an application for interim maintenance in I.A.No.5727 of 2025. The Family Court shall not grant any adjournment, on the ground that the respondent filed a petition for restitution of conjugal rights. However, if the interim maintenance application is already numbered then the same shall be taken up on priority basis and disposed of, within a period of four weeks from the date of receipt of a copy of this order.

5. In view of the limited relief sought for by the petitioner, notice to the respondent is dispensed with. The H.M.O.P.No.541 of 2021 shall be disposed of, within a period of eight weeks thereafter i.e., after the disposal of the interim maintenance application.

6. This Civil Revision Petition is allowed with the aforesaid direction. No costs.

10-07-2025 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To The IV Additional Family Court, Chennai.

P.B.BALAJI J.

jd 10-07-2025