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Madras High CourtCRP/3294/2023disposed of

P. Sathiskumar v. P. Priyadharshini

2023-09-11Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN Civil Revision Petition. No. 3294 of 2023 P. Sathiskumar ..Petitioner

Versus

P. Priyadharshini

...Respondent

Civil Revision Petition is filed under Article 227 of the Constitution of India, prays to direct the learned Sub Judge, Rasipuram, to expedite and dispose of the application in respect of HMOP.No. 85 of 2021 within the time frame.

For Petitioner : Mr.R. Nalliyappan ---

ORDER

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

2. On a perusal of the records, it is seen that the marriage was

solemnized between the petitioner and the respondent on 17.02.2016. Out of their wedlock, the respondent got a female child and the child is now under the custody of the petitioner. Now, the respondent/wife is working at Chennai and she threatened the petitioner frequently under the guise of she would commit suicide for a little incident. Therefore, the petitioner filed HMOP.No. 85 of 2021 before the learned Subordiante Judge, Rasipuram, seeking divorce on the ground of cruelty. Further, the respondent appeared through her counsel before the Court below and filed a counter affidavit. Thereafter, the case was posted for further hearing for more than two years without any progress. However, the respondent/wife has also filed IA.No. 1 of 2023 seeking to refer the mediation for settlement and the petitioner has not willing to go for mediation. However, the Court below has kept the said application for more than six months is not sustainable one. Therefore, the petitioner seeks a direction to dispose of the above case.

3. Taking into the above facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, this Court is inclined to pass the following order:- The Court below is directed to dispose of

the HMOP.No. 85 of 2021 pending on the file of the Subordinate Judge, Rasipuram, as expeditiously as possible in accordance with law.

4. With the above directions, this Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. However, there shall be no order as to costs.

11.09.2023 msm Index : Yes/No Speaking Order: Yes/No To The Subordiante Judge, Rasipuram.

V. BHAVANI SUBBAROYAN, J.

msm 11.09.2023