Madras High CourtCRP/4122/2024disposed of

M. Chandrasekaran v. S.Soundari

2024-10-15Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :

Coram THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Civil Revision Petition No.4122 of 2024 M.Chandrasekaran ..... Petitioner -VersusMrs.S.Soundari ..... Respondent Petition filed under Article 227 of the Constitution of India, praying to direct the learned Additional Subordinate Judge, Tiruchengode, Namakkal District to expedite the trial in H.M.O.P.No.138 of 2022 within a period to be stipulated by this court.

For Petitioner : Mr.M.Dinesh

ORDER

This Civil Revision Petition seeks expeditious disposal of the case in H.M.O.P.No.138 of 2022 pending on the file of the learned Subordinate Judge, Tiruchengode, Namkkal District.

2. Heard Mr. M. Dinesh for the petitioner.

3. The petitioner married the respondent on 10.03.2021. Thereafter, due to disputes and differences, they have separated. The petitioner has initiated a proceeding in H.M.O.P.No.138 of 2022 on the file of the learned Subordinate Judge, Tiruchengode, pleading that the wife had treated him with cruelty. The proceedings, which are said to have been transferred to the file of the learned Additional Subordinate Judge at Tiruchengode are pending consideration. In the mean time, the wife has taken out an application in I.A.No.1 of 2022 for interim maintenance.

4. Mr. M. Dinesh states that the husband has filed his counter and the pleadings are complete, yet the matter is being adjourned. Hence this revision petition.

5. When an application for interim maintenance is pending, it would not be proper for this court to direct the learned Judge to dispose of the main proceedings. Therefore, there shall be a direction to the learned Additional Subordinate Judge at Tiruchengode to dispose of the application in I.A.No.1 of 2022 filed by the wife seeking interim maintenance within a period of eight weeks from the date of receipt of a copy of this order. This civil revision petition is disposed of accordingly with the above directions. No costs.

Index : yes / no : yes / no Speaking / Non Speaking Order kmk To 1.The Additional Subordinate Judge, Tiruchengode, Namakkal District.

V.LAKSHMINARAYANAN.J., kmk