Madras High CourtCRP(MD)/1206/2018disposed of

P.Karuppaiah v. Alagammal

2018-06-26Honourable Mr Justice M.V. Muralidaran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.1206 of 2018 P. Karuppaiah .... Petitioner/Respondent Vs.

Alagammal .... Respondent/Petitioner PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the learned Judge, Family Court, Dindigul, to expedite the trial in HMOP No. 175 of 2016, within the time stipulated by this Court.

For Petitioner :

Mr.M. Veilkaniraju

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Judge, Family Court, Dindigul, to expedite the trial in HMOP No. 175 of 2016, within the time stipulated by this Court.

2. The petitioner, who is the husband, has filed a petition in HMOP No.175 of 2016 under Section 13(1)(i a)(i b) of the Hindu Marriage Act, 1955 for divorce by dissolving the marriage between the petitioner and the respondent, solemnized on 09.06.1978. The petitioner would submit that the petitioner who is aged about 62 years and he is living separately for a period of more than 22 years. The respondent herein has created so many problem and making unnecessary allegation against the petitioner and threatening with dire consequences. He would further submit that the petitioner has suffered all age ailment problem and no one is take care of him. It is stated that the petition is filed in the year 2016 and the matter has been prolonged for a long time without any progress and that a direction may be given by this Court for an early disposal, in the interest of justice.

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

4. A perusal of the 'B' Diary extract would fortify the contentions made by the learned counsel for the petitioner.

5. The case has been adjourned on several occasions without any valid reason.

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

6. 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 HMOP No.175 of 2016, within the stipulated period.

7. In view of the above, the learned Judge, Family Court, Dindigul, is directed to dispose of the HMOP No.175 of 2016, on merits and in accordance with law, within the period of four months, from the date of receipt of a copy of this order, after issuing notice to both the parties.

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

Sd/- Assistant Registrar (Crl. Side) /True Copy/ Sub Assistant Registrar To The Judge, Family Court, Dindigul.

+1CC to Mr.P.KALAIYARASI BHARATHI, Advocate, SR.No.69886 C.R.P.(MD)No.1206 of 2018 26.06.2018 KSA ES/DM/SAR 3/10.07.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/