Madras High CourtCRP(MD)/829/2019disposed of

H.Benasir, v. Hakkeem,

2019-06-13Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2019

CORAM

THE HON'BLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD) No.829 of 2019 H.Benasir ... Petitioner/Respondent -VsHakkeem

...Respondent/Petitioner

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India for a direction to an early disposal of the petition in G.O.P.No.74 of 2018 pending on the file of the Principal District Court, Pudukkottai.

For Petitioner : Mr.V.Stharanjandas

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Principal District Judge, Pudukkottai to dispose the petition in G.O.P.No.74 of 2018 within the time stipulated by this Court.

2.Learned counsel for the petitioner would submit that the marriage between the petitioner and the respondent took place on 03.08.2008. Out of the wedlock, they were blessed with two male children on 20.08.2011 and 26.08.2012 respectively. Due to misunderstanding, the petitioner went to her parents home along with her elder son, namely, Roshan Mishal. Hence, the respondent, husband filed a petition in G.O.P.No.74 of 2018 against the petitioner, wife to declare him as natural guardian as well as custodian of minor child.

3.The grievance of the petitioner is that the said Guardian Original Petition has been filed to avoid in taking care of the petitioner by paying maintenance. The further grievance of the petitioner is that only to harass the petitioner to attend the Court proceedings, the said G.O.P was filed by the respondent. Hence, the petitioner has filed the present Civil Revision Petition for early disposal of G.O.P.No.74 of 2018.

4. Since this Civil Revision Petition is filed for early disposal of the Guardian Original Petition, no notice is necessary to the respondent herein.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court feels that ends of justice would be met by directing the Court below to dispose of the petition within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Principal District Judge, Pudukkottai, to dispose the G.O.P.No.74 of 2018 on merits and in accordance with law within a period of one year from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-I) / True Copy / Sub Assistant Registrar(CS- ) msa To 1.The Principal District Judge, Pudukkottai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai(2copies). +1 CC to M/s.V.SITHARANJANDAS, Advocate ( SR-68477[F] dated 13/06/2019 ) C.R.P.(MD) No.829 of 2019 13.06.2019 ES/26.06.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/