Adarsh Balasubramanian v. Ramya Santhanagopalan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN Adarsh Balasubramanian

...Petitioner

Vs.

Ramya Santhanagopalan

...Respondent

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the learned V Additional Judge, Family Court, Chennai to dispose of the petition in OP.No.4639 of 2018 within the time fixed by this Court.

For Petitioner : Mrs.Kavitha Deenaddayalan For Respondent : No appearance

O R D E R

This Civil Revision Petition has been filed to direct the learned V Additional Judge, Family Court, Chennai to dispose of the petition in OP.No.4639 of 2018 within the time fixed by this Court. 1/4

2. Heard the learned counsel for the petitioner. The learned counsel for the respondent was absent on the last occasion ie., on 15.10.2020 and even today there is no representation for the respondent.

3. Pending the Civil Revision Petition, it seems that the wife filed IA.No.3 of 2019 before the concerned Family Court for interim maintenance and for return of her articles from the petitioner / husband house. Though the petitioner / husband offered a cheque, the wife is said to have refused. In respect of return of articles, with the permission of the Court, the entire articles were shifted from Malaysia to Chennai but the wife refused to clear the goods.

4. However, she filed an application to appoint an Advocate Commissioner to take inventory of the goods and that petition was ordered. She has filed another application for cancellation of appointing the Advocate Commissioner and a memo was also filed before the concerned family court.

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5. Taking into consideration the narrow scope of the prayer without prejudice to the rights and contentions of both husband and wife, the concerned Family Court is hereby directed to dispose of the OP.No.4639 of 2018 within a period of ten weeks from the date of receipt of a copy of this order. It is seen that there are some Interlocutory Applications in respect of return of the articles and to take the return of the article in the present of the Advocate Commissioner. In this context, permission was granted to the husband for shipment of the materials of the wife from Malaysia to Chennai which is said to have been lying in the Chennai Port Trust. In this background, the learned Family Court Judge is required to look into the matter and pass appropriate orders within the time frame stated above.

6. With these directions, the Civil Revision Petition is disposed of. No costs.

06.11.2020 mbi Index:Yes/No Speaking Order:Yes/No 3/4

RMT.TEEKAA RAMAN, J.

mbi To The V Additional Judge, Family Court, Chennai.

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