Madras High CourtCRP(MD)/1653/2017disposed of

Salai Pandi Rathinam v. Salai Chitra

2017-10-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU CRP(PD)(MD)No.1653 of 2017 Salai Pandi Rathinam ... Petitioner/Petitioner vs.

Salai Chitra ... Respondent/Respondent Petition filed under Article 227 of the Constitution of India, for suitable direction directing the Subordinate Judge, Pudukkottai, Pudukkottai District to dispose of the H.M.O.P.No.194 of 2013 and dispose of the same within the time stipulated by this Hon'ble Court.

For Petitioner : Mr.B.Jameel Arasu

ORDER

This revision petition has been filed to issue a direction to the learned Sub Judge, Pudukkottai, Pudukkottai District, to dispose of H.M.O.P.No.194 of 2013 within a time frame to be fixed by this Court.

2.The learned counsel for the petitioner would aver that H.M.O.P.No.194 of 2013 was filed during the year 2013 for the relief of dissolution of marriage solemnised on 19.08.2010 between the petitioner and the respondent. It is further submitted that even as per the records, the respondent purposefully evaded to cross examine the petitioner resulting in passing of ex parte decree on 20.10.2016. The respondent filed a petition to set aside the ex parte decree and the same was allowed. Even thereafter, the respondent dragged on the matter under one pretext or another. Therefore, the learned counsel for the petitioner submits that due to prolonging of the proceedings in HMOP, the petitioner's right is gravely affected and there is no justification in delaying disposal of the above HMOP. Hence, the learned counsel prays for direction for early disposal of HMOP.

3.Since it is only a petition for early disposal of the HMOP which is pending from 2013 onwards, no notice is necessary to the respondent herein.

4.This Court finds merit on the above submissions of the learned counsel for the petitioner. Accordingly, a direction is issued to the learned Sub Judge, Pudukkottai, Pudukkottai District, to dispose of H.M.O.P.No.194 of 2013 within a period of six months https://hcservices.ecourts.gov.in/hcservices/

from the date of receipt of a copy of this order. With the above direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar(RECORD) /True Copy/ Sub Assistant Registrar To The Subordinate Judge, Pudukkottai District.

+1cc to Mr.B.JAMEEL ARASU Advocate in SR. No. 82267 Copy to : The Section Officer, V.R Section, Madurai Bench of Madras High Court, Madurai.

BALA JS/KK/SAR.1/23.10.2017/2P-4C CRP(PD)(MD)No.1653 of 2017 10.10.2017 https://hcservices.ecourts.gov.in/hcservices/