Madras High CourtCRP/3592/2023disposed of

Mohamed Ibrahim v. Khalidha Farwin

2023-10-04Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C.R.P.No. 3592 of 2023 Mohamed Ibrahim S/o. Shabeek Mohamed ... Petitioner Vs Khalidha Farwin, D/o. Abdul Rahman ... Respondent PRAYER : Civil Revision Petition filed under Art. 227 of Constitution of India, praying to direct the IV Addl. Family Court at Chennai to dispose the case in O.S.No.173 of 2019 pending on its file expeditiously within a reasonable time frame fixed by this court.

For Petitioner :

Ms.P.Kritika Kamal 1/4

O R D E R

The Revision Petitioner herein is the defendant in the suit in O.S.No.173 of 2019, which was filed by respondent wife for the relief of dissolution of marriage. In the written statement, the Revision Petitioner not raised any objection, inspite of that, the said suit was pending for more than five years without any progress. Moreover, the respondent wife also not interested in proceeding with other case like maintenance and he was unnecessarily dragged on with the court proceedings. However, as he was working in a private company, he unable to avail leave continuously. So, the petition in M.C.No. 271 of 2019 was also dismissed for default. Both of them had a child and child is with the respondent wife. Visitation right was given, but it was not complied due to non cooperation of the respondent. So, in all aspects, she is not cooperating with the proceedings.

2. As the relief claimed by the Revision Petitioner only seeking for a direction to speedy disposal, the notice to the respondent is dispensed with. 2/4

3. On seeing the facts and on perusal of records, it would reveals that from the year of 2019, the said suit is pending before the trial court without any progress and respondent wife is also not interested to proceed with the case. Hence, the reasons assigned by the Revision Petitioner is justifiable one Therefore, this Court is inclined to direct the learned IV Addl. Family Court, Chennai to dispose the suit in O.S.No. 173 of 2019 on merit within a period of three months from the date of receipt of copy of this order. Accordingly, this Civil Revision Petition is disposed of. No costs. 04.10.2023 Index : Yes/No Internet: Yes/No Speaking/Non Speaking order rpp To IV Addl. Family Court, Chennai.

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T.V.THAMILSELVI, J.

rpp C.R.P.No. 3592 of 2023 04.10.2023 4/4