Madras High CourtCRP(MD)/390/2020disposed of

Leen Joseph v. Shyni

2021-03-10Honourable Mrs Justice J. Nisha Banu2 pages

CRP(MD)No.390 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.03.2021 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRP(MD)No.390 of 2020 Leen Joseph ... Petitioner/Petitioner vs.

1)Shyni 2)C.Bright ... Respondents/Respondents Petition filed under Article 227 of the Constitution of India, to direct the Principal District Court of Kanyakumari at Nagercoil to dispose the case in GWOP.No.403 of 2014 within a stipulated time that may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.C.Herold Singh For R2 : No appearance

ORDER

The petitioner has filed this revision petition to direct the learned Principal District Judge, Kanyakumari at Nagercoil to dispose of the case in GWOP.No.403 of 2014 within a stipulated time that may be fixed by this Court.

2.The learned counsel for the petitioner would state that the marriage between the petitioner and the 1st respondent took place on 05.12.2002 and out of the wedlock, a girl child was born on 07.03.2004. Thereafter, due to matrimonial disputes, both of them got divorce. The petitioner filed the above GWOP before the Principal District Court, Kanyakumari, for custody of the child and pending GWOP, he has also filed I.A.No.191/2015, seeking visitation rights, in which, the Court has also granted permission to the petitioner to see his daughter at her school. It is the grievance of the petitioner that the respondents 1 and 2 did not allow him to see his child and therefore, he has filed another I.A.No.1 of 2019 for taking action against them and despite the order to produce the child, the 1st respondent had not produced the child and prolonging the matter. Hence, this petition.

3.Heard the learned counsel for the petitioner. There is no appearance for the 2nd respondent either in person or through counsel. Notice sent to the 1st respondent through Court as well as by private service returned with an endorsement ''unclaimed''. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRP(MD)No.390 of 2020 4.Considering the facts and circumstances of the case and without adverting to the merits of the case, ends of justice would be met if a direction is given to the learned Judge to dispose of the above GWOP within a time frame. Accordingly, the learned Principal District Judge, Kanyakumari at Nagercoil, is directed to dispose of the case in GWOP.No.403 of 2014 within a period of six months from the date of receipt of a copy of this order. 5.With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To The Principal District Judge, Kanyakumari District at Nagercoil.

Copy to The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-10273[F] dated 11/03/2021 ) ORDER MADE IN CRP(MD)No.390 of 2020 DATED : 10.03.2021 SGS(CO) TR(22.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2