Madras High CourtCRP(MD)/608/2020allowed

Punitha Rosy v. Vinoth Amalraj

2020-08-25Honourable Mr Justice S.S. Sundar2 pages

C.R.P.(PD)(MD)No.608 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2020

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR C.R.P.(PD)(MD)No.608 of 2020 Punitha Rosy : Petitioner .. Vs ..

Vinoth Amalraj : Respondent PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Principal District Judge, Pudukottai, to dispose of the case in I.D.O.P.No.11 of 2018 pending on the file of the Principal District Court, Pudukottai, within the time stipulated by this Court.

For Petitioner : Mr.N.Kamesh

ORDER

This Civil Revision Petition is filed for a direction to direct the learned Principal District Judge, Pudukottai, to dispose of the case in I.D.O.P.No.11 of 2018 pending on the file of the Principal District Court, Pudukottai, within the time stipulated by this Court.

2.The petitioner is the wife and respondent is the husband. It appears that the petitioner filed I.D.O.P.No.11 of 2018 to dissolve the marriage solemnized between the petitioner and the respondent on 31.01.2011 on the ground of dowry harassment and cruelty. The petition was filed only in the year 2018 and the petitioner has produced before this Court the copy of 'B' diary extract, which shows the dates of hearing. It appears that the petitioner has given evidence as PW-1 and the matter was adjourned for crossexamining the petitioner for a long period. Even without cross examining the petitioner, it appears that a memo was given regarding transfer of proceedings.

3.The fact that the matter is being adjourned for a long time unnecessarily can be gathered from the records. However, this Court noticed that the petitioner also is not cooperating well in prosecuting the matter. At least, on three occasions, ie., on 04.01.2020, 22.01.2020 and 07.02.2020, the matter was adjourned for the appearance of the petitioner for cross examination. This would indicates that the petitioner has also contributed for the delay. Hence, this Court is inclined to allow this petition subject terms. 4.Accordingly, this Civil Revision Petition is allowed and the learned Principal District Judge, Pudukottai, is directed to dispose of the case in I.D.O.P.No.11 of 2018 as expeditiously as possible, https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(PD)(MD)No.608 of 2020 preferably within a period of four months from the date of receipt of a copy of this order. This Civil Revision Petition is allowed subject to the condition that the petitioner shall pay a sum of Rs.2,000/- to the Legal Services Authority within a period of two weeks from today, failing which, the revision petition shall stand automatically dismissed without further reference to Court. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS ) cmr To 1.The Principal District Judge, Pudukottai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

Copy To:

The Officer Incharge, High Court Legal Service Committee, Madurai Bench Of Madras High court, Madurai.

C.R.P.(PD)(MD)No.608 of 2020 25.08.2020 SPU(31.08.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2