D.Dhanasekaran v. Amsavalli Alias Anusha

S.SOUNTHAR,J.

This petition is filed seeking modification of the order dated 18.10.2022 passed in C.R.P.No.3321 of 2022.

2. This Court by an order dated 18.10.2022 directed the Court below to dispose of O.P.No.24 of 2020 within a period of eight months from date of receipt of a copy of the order.

3. The learned counsel for the petitioner wants modification of the said order as regards the outer time limit fixed for disposal of the main OP. The learned counsel for the petitioner submitted that in a similar case filed by him for some other petitioner, this Court was pleased to direct the Court below to dispose of OP within a period of four months and consequently, he made a request to fix a time limit of four months in this case also. In the case referred by the learned counsel for the revision petitioner, the petition for divorce was filed in the year 2015 before the Sub Court, Tambaram in O.P.No.41 of 2015 and the same was subsequently transferred to Sub Court, Alandur and 1/3

renumbered as O.P.No.1167 of 2021. Therefore, in that case, the divorce petition of the year 2015 has been kept pending for more than seven years. Further, in that case, the petition was pending at the stage of recording of evidence. But however, in the present case the divorce petition is of the year 2020 and the respondent in main OP has not even filed his counter so far. Since the pleadings of the parties are not completed in the present case, this Court thought it fit to give a longer outer time limit. Therefore, the outer time limit of eight months fixed in the present case requires no modification.

4. Therefore, the modification petition in C.M.P.No.18745 of 2022 is dismissed.

29.11.2022 dm 2/3

S.SOUNTHAR,J.

dm in C.R.P.No.3321 of 2022 29.11.2022 3/3