S.Muthu Irulappa Vathiyar @ v. M.Lingammal@Soumiyasundari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(MD)No.1201 of 2018 S.Muthu Irulappa Vathiyar @ Muthukumar .. Petitioner/Petitioner Vs.

M. Lingammal @ Soumiyasundari .. Respondent/Respondent PRAYER : Petition filed under Article 227 of the Constitution of India, to direct the learned Judge, Family Court, Madurai, to expedite the proceedings pending in HMOP No.233 of 2017, within the time stipulated by this Court.

For Petitioner : Mr. N. Sathish Babu

ORDER

This Civil Revision Petition has been filed seeking a direction to the learned Judge, Family Court, Madurai, to expedite the proceedings pending in HMOP No.233 of 2017, within the time stipulated by this Court.

2. The petitioner, who is the husband, has filed a petition in HMOP No.233 of 2017 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 06.12.2013. The petitioner would submit that the marriage between the petitioner and the respondent took place on 06.12.2013 at Thai Lakshmi Mahal, S.S. Colony, Madurai. From the date of marriage, the respondent acted with an ill-motive with a pre determined mind leading to a separate family. In the month of March 2017, the respondent went to her father's house and stated that after finishing her studies only, the respondent shall return to the matrimonial house.

The petitioner along with family elders went for compromise with the respondent and even thereafter, the respondent never turn back to lead a family life with the petitioner. It is stated that the petition is filed in the year 2017 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.

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

4. Considering the facts and circumstances of the case and the grievance expressed by the petitioner before this Court, this Court is inclined to allow this petition.

5. In the result, the Civil Revision Petition is allowed and the learned Judge, Family Court, Madurai, is directed to dispose of HMOP No. 233 of 2017 as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order, after issuing notice to both the parties. No costs. Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The Judge, Family Court, Madurai.

KSA DS/DN/SAR-3 :10.07.2018: 2P/2C C.R.P.(MD)No.1201 of 2018 20.06.2018 https://hcservices.ecourts.gov.in/hcservices/