K.Dhanalakshmi v. Karuppu Durai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA CRP.(PD).Nos.1 & 3 of 2025 K.Dhanalakshmi ... Petitioner in both CRPs Vs.

Karuppu Durai ... Respondent in both CRPs Prayer in CRP.No.1 of 2025:- Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Learned Principal Subordinate Judge, Vridhachalam to dispose the IA No. 27/2022 in HMOP No.55/2020 at an early date within a reasonable time as fixed by this Honble Court.

Prayer in CRP.No.3 of 2025:- Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Learned Principal Subordinate Judge, Vridhachalam to dispose the IA No. 28/2022 in HMOP No.55/2020 at an early date within a reasonable time as fixed by this Honble Court.

For Petitioner : M/s.R.Rajarajan, in both CRPs 1/5

C O M M O N O R D E R Aggrieved by the fact that the applications filed by the petitioner/ wife, in (i) I.A.No.27 of 2022 seeking interim maintenance and (ii) I.A.No.28 of 2022 seeking return of the Sridan Articles, have been kept pending from the year 2022 on account of the fact that the respondent has been taking frequent adjournments from 18.03.2024 onwards, the petitioner has invoked the jurisdiction of this Court under article 227 of the Constitution of India for an early disposal of the above applications.

2. Heard the learned counsel for the petitioner. The orders have been passed at the stage of admission without notice to the respondent taking into account the fact that this Court is issuing a direction to the learned Principal Subordinate Judge, Vridhachalam to pass orders on the applications filed by the petitioner/wife on 15.12.2021.

3. The respondent herein had filed HMOP No.55 of 2020 on the file of the Sub Court, Vridhachalam for divorce. Since the respondent/husband was not taking care of her needs, the 2/5

petitioner/wife had filed two applications (i) IA No. 27 on 2022, seeking interim maintenance and (ii) I.A.No.28 of 2022 seeking return of the Sridan Articles.

4. The petitioner would submit that she had been with the respondent for three months and on 31.03.2018 he had brought her back to her parents house and left for Singapore and thereafter she had been living with her parents and the respondent/her husband is duty bound to maintain her. Therefore, she has come forward with above petitions. Since the respondent has been taking frequent adjournments protract the proceedings, the petitioner has filed the above Civil Revision Petitions seeking an early disposal of I.A.Nos.27 and 28 of 2022.

5. Heard the learned counsel for the petitioner.

6. Considering the fact that the he respondent who is employed in Singapore appears to be taking frequent adjournments to protract the proceedings and these applications are pending since 13.04.2022, 3/5

the above Civil Revision Petitions are allowed. The Principal Subordinate Judge, Vridhachalam is directed to dispose of I.A.Nos.27 and 28 of 2022 in HMOP.No.55 of 2020 within a period of 6 months from the date of receipt of a copy of this order, till the disposal of these interlocutory applications the HMOP shall not be taken up for final disposal. No costs.

03.02.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Principal Subordinate Judge, Vridhachalam 4/5

P.T. ASHA . J., (shr) CRP.(PD).No.1 & 3 of 2025 03.02.2025 5/5