K.Rengaraj v. Parameshwari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN C.R.P.(PD)(MD)No.1421 of 2018 K.Rengaraj

...Petitioner/Petitioner

Vs.

Parameshwari

...Respondent/Respondent

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Family Court, Dindigul to dispose the H.M.O.P.No.165 of 2015 in a time bound manner as fixed by this Court.

For Petitioner : Mr.S.Karthick Subramanian

O R D E R

This Civil Revision Petition is filed for a direction to the Family Court, Dindigul to dispose the H.M.O.P.No.165 of 2015within the stipulated period as fixed by this Court 2.The petitioner has filed a petition in H.M.O.P.No.165 of 2015 before the Family Court, Dindigul, for dissolution of marriage. The said H.M.O.P., has been filed in the year 2015 and the same is pending for more than 3 years without any further proceedings. Therefore, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the learned Judge, Family Court, Dindigul, to dispose of the H.M.O.P.No.165 of 2015, within a particular period.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4.The H.M.O.P.No.165 of 2015 has been filed in the year 2015 and for more than 3 years, it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned periodically for cross examination of P.W.1.

5. Since the petitioner has sought for a limited prayer for early disposal of the H.M.O.P, no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the H.M.O.P, is pending from 2015 onwards, but the learned Judge, Family Court, Dindigul, has not https://hcservices.ecourts.gov.in/hcservices/

taken any action to dispose of the H.M.O.P., which is pending for more than 3 years. Therefore, I am inclined to pass the following order:

The learned Judge, Family Court, Dindigul, is directed to dispose of the H.M.O.P.No.165 of 2015 within a period of six months from the date of receipt of a copy of this order, on day-to-day basis without giving any adjournment to either parties. The parties are also directed to give their fullest co-operation for early disposal of the H.M.O.P, within the time limit fixed by this Court for passing orders. The learned Judge, Family Court, Dindigul, is directed to file a compliance report before this Court within a period of ten days after passing orders in H.M.O.P.No.165 of 2015.

6. The Civil Revision Petition is disposed of, with the above directions. No costs.

Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To 1.The Family Court, Dindigul.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.S.KARTHICK SUBRAMANIAN, Advocate, SR.No. 72602 C.R.P.(PD)(MD)No.1421 of 2018 11.07.2018 NS KK/RP/SAR-2/19.07.2018/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/