Madras High CourtCRP(MD)/986/2017disposed of

M.Sakthivel, v. S.Gunajeyanthi,

2017-06-01Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2017 CORAM :

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN C.R.P.(PD)(MD).No.986 of 2017 M.Sakthivel ... Petitioner Vs.

S.Gunajeyanthi ... Respondent PRAYER:Civil Revision Petition filed under Article 227 of Constitution of India, praying to direct the Learned Family Court, Dindigul to dispose of the I.A.224 of 2016 in H.M.O.P. No.83 of 2014, within a time framed as fixed by this Hon'ble Court. For Petitioner : Mr. F.Deepak

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India, seeking direction from this Court to the Family Court, Dindigul to dispose of I.A.No.224 of 2016 in H.M.O.P. No.83 of 2014 within a specific time frame. 2.The case of the revision petitioner is that, he married the respondent on 18.04.2010 and the personal relationship has got estranged and so he filed H.M.O.P.No.83 of 2014 for divorce. Since, he is serving in Army, he is not able to attend the Court on the date of hearing and hence, his petition was dismissed for default on 09.09.2014. When he came to know about the dismissal of his petition he filed I.A.No.151 of 2015 to condone delay of 160 days in filing his restoration application.

Unfortunately, when his condone delay application was taken up for an enquiry, he could not avail leave from the Army to attend the Court and hence, that application was also dismissed. Hence, he has preferred an I.A.No.224 of 2016 for restoring his application in I.A.No.151 of 2015, with a delay of 188 days. The reason stated for his nonappearance and delay appears to be acceptable, since the petitioner is serving in Army and posted at Jammu and Kashmir. For his non-appearance, his petition has been dismissed. The Trial Court is therefore, directed to take note of the facts and dispose of the applications pending before the Court as expeditiously as possible not later than 30.07.2017, without insisting upon the presence of the petitioner, while hearing the Interlocutory applications.

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4.Accordingly, the Civil Revision Petition is disposed of with the above direction. No Costs.

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

+1cc to M/S. F.DEEPAK, Advocate, SR.No.58149. C.R.P.(MD).No.986 of 2017 01.06.2017 SDS/GT/SAR 1/06.06.2017/2P/3C https://hcservices.ecourts.gov.in/hcservices/