K. Tamilselvan v. T. Pavithra Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 07.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM K.Tamilselvan ... Petitioner Vs.

T.Pavithra Devi ... Respondent Prayer: Civil Revision Petition filed under Article 227 of Constitution of India to direct the District Family Court, Erode to dispose of the FCOP.No.213 of 2023 expeditiously For Petitioner : Mr. S.Thiruvengadam

ORDER

This Civil Revision Petition has been filed to direct the learned District Judge, Family Court, Erode to dispose of the FCOP.No.213 of 2023, within a time frame as fixed by this Court.

2. On a perusal of records, it is seen that the petitioner/husband filed a petition in OP.No.62 of 2021 seeking divorce against the respondent/wife before the District Family Court, Tiruppur. The respondent did not appear before the court, however, she filed a transfer petition and got the divorce petition transferred to the District Family Court at Erode in OP.No.213 of 2023.

3. The case history of OP.No.213 of 2023 shows that both parties attended counselling but the same failed. Subsequently, the matter has been adjourned twice for filing counter by the respondent. In such circumstances, the petitioner sought direction of this court to the Trial Judge for speedy disposal of the case within a time frame.

4. At this juncture, it is worthwhile to note that the Hon'ble Supreme Court in W.P.No.587/2023, dated10.11.2023, in Shaikh Uzma Feroz Hussain Vs. The State of Maharastra has dismissed the writ petition, by observing as follows.

" We are of the view that since every High Court and every Court in the country has a huge pendency, the Constitutional Court should avoid temptation of fixing a time-bound schedule for disposal of

any case, before any court, unless the situation is extra ordinary."

5. Further, pursuant to the direction of this Court, the Registry, on verification through e-filing, has reported that the total pendency of the above court is 525.

6. Considering the pendency of the cases and also taking note of the fact that the family dispute is pending from the year 2021 among the parties, the learned District Judge, Family Court, Erode is directed to dispose of the FCOP.No.213 of 2023, as early as possible.

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

07.02.2024 Index:Yes/No Internet:Yes/No pvs To The District Judge, Family Court, Erode

V.SIVAGNANAM , J.

pvs 07.02.2024