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Madras High CourtCRP/4413/2023allowed

Sridharan v. A. Sindhiya

2023-12-07Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2023

CORAM:

THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI Sridharan .. Petitioner Vs A.Sindhiya .. Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Judge, Family Court, Nagapattinam to dispose of the H.M.O.P.No.45 of 2022. For Petitioner : Mr. S. Sarath Kumar

O R D E R

This Civil Revision Petition is filed to direct the learned Judge, Family Court, Nagapattinam to dispose of the H.M.O.P.No.45 of 2022 within a stipulated time.

2. The learned counsel for the petitioner / husband submits that he filed petition for restitution of conjugal rights wherein, the wife also 1/3

appeared but not filed the counter, for the past one year there was no progress in the case.

3. Admittedly, out of wedlock, twin children were born to them. Both children are under the custody of the wife. According to the revision petitioner, he is paying interim maintenance also, as an employee of the ship, he is ready to live with the wife but she is not cooperating, as per the submission. Mediation also referred but not been effected. Therefore, the trial Judge namely Family Court, Nagapattinam is directed to dispose the H.M.O.P.No.45 of 2022 within three months from the date of receipt of copy of this order, by giving opportunity to both the parties and also try to settle the issue considering the welfare of the children.

4. In the result, the Civil Revision Petition is allowed. No costs. 07.12.2023 Index :Yes/No AT To The Family Court, Nagapattinam.

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T.V.THAMILSELVI, J.

AT 07.12.2023 3/3