Madras High CourtCRP(MD)/309/2021allowed

Rohini v. Suresh Kumar

2021-02-26Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD)No.309 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.309 of 2021 Rohini ... Petitioner/Petitioner/1st Respondent Vs.

1.Suresh Kumar ...1st Respondent/1st Respondent/Petitioner 2.C.R.Rajasekaran ... 2nd Respondent/2nd Respondent/2nd Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Family Court, Tirunelveli to dispose an Interlocutory application expeditiously in I.A.No.4 of 2020 in H.M.O.P.No.349 of 2019 on the file of the learned Family Court, Tirunelveli, within a time stipulated by this Court by allowing this civil revision petition. For Petitioner : Mr.S.Velrajan

ORDER

This civil revision petition has been filed to direct the learned Family Court, Tirunelveli to dispose an Interlocutory application in I.A.No.4 of 2020 in H.M.O.P.No.349 of 2019 within the time frame.

2.The learned counsel for the petitioner submitted that the petitioner herein is the wife of the first respondent and he filed a divorce petition in H.M.O.P.No.349 of 2019 before the Family Court, Tirunelveli.

Therefore, the petitioner herein filed an interlocutory application in I.A.No.4 of 2020 in H.M.O.P.No.349 of 2019 seeking maintenance. The said petition was pending till date without any progress. Hence, the petitioner has approached this Court by filing this Civil Revision Petition seeking a relief to dispose the petition in I.A.No.4 of 2020 in H.M.O.P.No.349 of 2019 on the file of the Family Court, Tirunelveli, within a stipulated time as fixed by this Court.

3.Heard the learned counsel for the petitioner and perused the materials available on record.

4.Since this Civil Revision Petition is filed for early disposal of the petition in I.A.No.4 of 2020 in H.M.O.P.No.349 of 2019 and since no adverse order is going to be passed, notice to the respondents is not necessary.

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C.R.P.(MD)No.309 of 2021 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 case within a time frame. Without adverting to the merits of the case, a direction is issued to the Family Court, Tirunelveli to dispose the divorce petition in I.A.No.4 of 2020 in H.M.O.P.No.349 of 2019 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) gns NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judge, Family Court, Tirunelveli Copy to:

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

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