A.Santhakumar v. S.Thamarai Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2019

CORAM

THE HON'BLE MR.JUSTICE R. SURESH KUMAR C.8R.P.No.3442 of 2019 A.Santhakumar ...

Petitioner -VsS.Thamarai Selvi ...

Respondent Prayer : Civil Revision Petition under Article 227 of the Constitution of India to direct the learned Principal Subordinate Court, Tirupur to expedite the trial in HMOP No.40 of 2017 and to complete the case proceedings within a period stipulated by this Court.

For Petitioner : Mr.M.Dinesh

O R D E R

This revision has been filed with a prayer to direct the learned Principal Subordinate Court, Tirupur to expedite the trial in HMOP No.40 of 2017 and to complete the suit proceedings within a period stipulated by this Court..

2. Heard Mr.P.Dinesh, learned counsel appearing on behalf of the revision petitioner.

3. Before the Family Court, the revision petitioner / husband filed H.M.O.P.No.40 of 2017 for dissolution of marriage with the respondent and in that H.M.O.P., on 18.04.2017, I.A.No.298 of 2017 was filed by the respondent / wife seeking interim maintenance. The said I.A., for one reason or the other, has been time and again adjourned and has been kept pending till 22.02.2019, on which date the I.A., was finally decided and thereafter only three hearings went on, where time was given for appearance of both parties and lastly the case was taken up on 23.07.2019, on which date the matter was adjourned to 01.10.2019. In that circumstances, the present revision has been filed by the revision petitioner / husband to expedite the hearing of the main O.P.

4. Since two years, the I.A.No.298 of 2017 filed by the respondent / wife seeking interim maintenance had engaged the Court time, where more than or nearly twenty hearings went on https://hcservices.ecourts.gov.in/hcservices/

and therefore, the learned Judge cannot be blamed for keeping the H.M.O.P., without showing any progress in the main O.P.

5. In that view of the matter, this Court is not inclined to accept the prayer sought for herein. Accordingly, this Civil Revision Petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar KST To Principal Subordinate Court, Tirupur C.R.P.No.3442 of 2019 nrl(co) nr 19/11/2019 https://hcservices.ecourts.gov.in/hcservices/