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Madras High CourtCRP/3784/2022disposed of

Dr.M.Suruthi v. R.Dhinakar Ajay

2022-11-21Honourable Mr Justice S. Sounthar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Suruthi ... Petitioner vs R.Dhinakar Ajay ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the IV Additional Family Court, Chennai to expedite the trial and speedy disposal of the O.P.No.2266 of 2021 filed under Section 13(1) (i-a) of Hindu Marriage Act, 1955 within a time frame may be fixed by this Court.

For Petitioner : Ms.R.Varalakshmi

ORDER

The Civil Revision Petition is filed seeking a direction to the IV Assistant Court, Chennai to dispose of the petition for divorce filed by the petitioner/wife in O.P.No.2266 of 2021 within a time stipulated by this Court. 1/4

2. Having regard to the limited prayer made in this revision, this Court is inclined to dispose the civil revision petition, even without notice to the respondent.

3. The petitioner/wife filed a petition seeking divorce on the ground of cruelty in H.M.O.P.No.2266 of 2021. In the main original petition, the respondent/husband failed to enter appearance and hence, he was set exparte on 29.09.2021. Thereafter, the exparte evidence was recorded.

4. When the matter was posed for arguments, the respondent filed a petition to set aside the exparte order passed against him and consequently, the exparte order was set aside on 05.01.2022. Thereafter, the matter has been adjourned from time to time without any substantial progress.

5. The perusal of the adjudication furnished in the typed-set of papers would suggest that from 20.01.2022 the respondent failed to file his counter and the matter has been adjourned from time to time. Therefore, this Court is inclined to issue a direction to the IV Additional Family Court, Chennai to 2/4

dispose of O.P.No.2266 of 2021 within a period of nine months from the date of receipt of copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

21.11.2022 Index : Yes / No Speaking Order : Yes / No dm To The IV Additional Family Court, Chennai.

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S.SOUNTHAR, J.

dm 21.11.2022 4/4