Kavitha v. Saravanan Suresh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.11.2017 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2075 of 2017 Kavitha .. Petitioner/Respondent vs.

Saravanan Suresh ... Respondent/Petitioner PRAYER: Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Pudukkottai to dispose H.M.O.P.No.253 of 2013, on the file of the Subordinate Court, Pudukkottai within a stipulated time as fixed by this Court. For Petitioner : Mr.P.Banuprasath

ORDER

The above Civil Revision Petition has been filed seeking a direction to the Subordinate Court, Pudukkottai to dispose the case in H.M.O.P.No.253 of 2013, within a stipulated time as fixed by this Court.

2.The petitioner would submit that the marriage between the petitioner and the respondent was solemnized in the year 2006 and the respondent filed a divorce petition in H.M.O.P.No.253 of 2013 on the file of the Subordinate Court, Pudukkottai, seeking divorce and a counter claim was also filed by the petitioner for restitution of conjugal rights and after that, the respondent has not shown any interest to conduct the main case. In view of the same, the petitioner filed I.A.No.66 of 2016 for maintenance and the same is pending and that application has been adjourned periodically. Under such circumstances, the petitioner has come forward with this petition seeking early disposal of the above H.M.O.P.No.253 of 2013.

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

4. The prayer in the petition itself is with a limited prayer for speedy disposal of H.M.O.P.No.253 of 2013 and therefore, no notice is necessary to the respondent.

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5.Considering the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if a direction is issued to the trial Court. Accordingly, having regard to the submissions made by the learned Counsel for the petitioner and also taking into consideration the limited prayer sought for in this Civil Revision Petition, without expressing any opinion with regard to the merits of the case, this Court directs the learned Subordinate Judge, Pudukkottai to dispose the case in H.M.O.P.No.253 of 2013 on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.

6. With the above directions, the Civil Revision Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar To

1. The Subordinate Judge, Pudukkottai.

2. Do Thro'The Principal District Judge, Pudukkottai District.

+ 1 cc TO Mr.p.Banuprasath , Advocate in SR No. 90804 SSL AE/SKN RSK/SAR1/15.12.2017/2P/4C C.R.P.(PD)(MD)No.2075 of 2017 30.11.2017 https://hcservices.ecourts.gov.in/hcservices/