S.Anandavalli v. M.Balachandran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.03.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.660 of 2018 S.Anandavalli .. Petitioner/ Petitioner Vs.

M.Balachandran ..Respondent / Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Judge, Family Court, Madurai to dispose of the HMOP. No.982 of 2015, within a time limit fixed by this Court.

For Petitioner : Mr.Mathi.Murugan ----

ORDER

The Civil Revision Petition has been filed seeking a direction to the learned Judge, Family Court, Madurai to dispose of the HMOP. No.982 of 2015, within a stipulated time as fixed by this Court.

2.

The petitioner would submit that the petitioner/petitioner has filed a petition in HMOP.No.982 of 2015 seeking divorce. After receiving the notice, the respondent was appeared and filed his counter and thereafter, the respondent has not shown any interest to contest the divorce petition. Though the petition has been filed in the year 2015, the same is still pending without any progress.

3. The grievance of the revision petitioner is that the respondent is prolonging the case and the matter is pending right from the year 2015 and the same is being adjourned by the trial Court, periodically and therefore, the petitioner has come up with this civil revision petition for the aforesaid prayer.

4. Heard the learned Counsel for the petitioner and perused the materials available on record.

5. Since the case is for a limited relief of early disposal, no notice is necessary to the respondents.

6. A perusal of the 'B' Diary extract would go to show that as stated by the learned counsel for the petitioner, the case has been adjourned on several occasions under the caption 'last chance' without any valid reason. Therefore, this Court, without going into the merits of the allegation raised by the revision petitioner, is inclined to direct the Court below to dispose of the petition in https://hcservices.ecourts.gov.in/hcservices/

HMOP.No.982 of 2015, within a stipulated period.

7. In view of the above, the learned Judge, Family Court, Madurai, is directed to dispose of the petition in HMOP.No.982 of 2015, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

8. The Civil Revision Petition is ordered accordingly. No costs.

Sd/ Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To The Judge, Family Court, Madurai.

+1cc to M/S.MATHIMURUGAN,Advocate, SR.No. 57757 C.R.P.(PD)(MD)No.660 of 2018 26.03.2018 RM KK/SV MMS/05.04.2018/SAR-1/2P-3C https://hcservices.ecourts.gov.in/hcservices/