R.Pachiyammal v. Raguvaran

Tr.C.M.P.No. 80 of 2022 T.V.THAMILSELVI, J.

Earlier, this Court, by an order dated 25.04.2022 directed the learned Subordinate Judge, Arani, Thiruvannamalai to dispose of the H.M.O.P.No.65 of 2021 on or before 30.09.2022. However, in view of jurisdiction, it was transferred to learned Sub-Judge, Polur, Tiruvannamalai District and the case was renumbered as H.M.O.P.No.7 of 2023 and further time for the period of three months was granted by this court by an order dated 02.03.2023. Since the said case could not be disposed of within the time stipulated by this court, the learned Subordinate Judge (FAC), Polur by letter dated 12.09.2023 sought for extension of time. Hence, the matter is listed before this court today.

2. Today, when the matter taken up for hearing, the learned counsel for respondent husband appeared and submitted that inspite of the direction given by this court, the petitioner wife is filing unnecessary applications. So, the case was not disposed of within the stipulated time.

3. Furthermore, the learned Subordinate Judge (FAC), Polur submitted that he was placed as full additional charge for the post of 1/3

Subordinate Judge, Polur from 05.05.2023. So, inspite of every efforts taken by him to dispose the case as per the direction of this court, he unable to dispose the same within the stipulated time, since because filing of number of applications. Hence, he prayed to grant further time to dispose the said H.M.O.P.

4. Records perused. On perusal of records, it would reveals that the petitioner wife filed an application in I.A.No. 4 of 2023 to implead Sindhu as 3rd respondent. However, she has already filed an application to implead one Raja as 2nd respondent in the said H.M.O.P.No.7 of 2023 and the same was allowed. So, the conduct of petitioner wife shows that she wanted to drag on the proceedings by filing all sorts of applications. Therefore, considering the attitude of the petitioner wife, this Court is inclined to direct the learned Subordinate Judge (FAC), Polur to proceed with the trial and dispose the petition within a period of three months without giving unnecessary adjournments from the date of receipt of copy of this order. If at all, she filed any application, the same is to be tried along with main H.M.O.P.No. 7 of 2023.

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T.V.THAMILSELVI, J.

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