Vanaja Dhanasekaran v. M.Dhanasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.11.2023

CORAM:

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Vanaja Dhanasekaran ...

Petitioner -VsM. Dhanasekaran C.Mani (died) Manikkammal (died) ... Respondent Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, praying to direct the learned Judicial Magistrate-I, Tambaram to dispose D.V.C.No.18 of 2021 pending on its file in a timebound manner. For Petitioner :

Mr.A.Yogeshwaran 1/4

ORDER

The Revision Petitioner herein is the petition in the petition filed in D.V.C.No. 18 of 2021 on the file of learned Judicial Magistrate-I, Tambaram seeking for the relief of direction as well as maintenance and other consequential reliefs.

2. Since the relief claimed by the Revision Petitioner only seeking a direction for a speedy disposal, the notice to the respondent is dispensed with.

3. The learned counsel for Revision Petitioner would submit as per statutory provision, the case has to be disposed of within 60 days, but the trial judge has not concluded the proceedings within a statutory period. He would also submit that the Revision Petitioner wife is living with two minor children. Therefore, he wanted to direct the trial court to dispose the case as early as possible.

4. Furthermore, the learned counsel for Revision Petitioner brought to the notice of this court that entire records were called for by the learned Principal District Judge, Chengalpattu to decide the dispute with regard to interim maintenance followed by the court. So, except the interim maintenance petition and affidavit, other records are not necessary to 2/4

decide the interim maintenance claim. Therefore, this Court is inclined to direct the trial judge to resist its records only with regard to interim maintenance petition and other records are directed to be kept in that court in order to substantiate the petition to conduct the trial.

5. Considering the facts and circumstances and also the fact that the revision petitioner is living with two minor children, but as on date, the petition filed by her is not yet disposed of, this Court is also inclined to direct the trial judge to commence the trial and dispose the case as expeditiously as possible within a period of five months from the date of receipt of copy of this order. Accordingly, this Civil Revision Petition is disposed of. No costs.

16.11.2023 Index : Yes/No Speaking Order : Yes/No rpp To The Judicial Magistrate-I, Tambaram.

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T.V.THAMILSELVI, J.

rpp 16.11.2023 4/4