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Madras High CourtCRP(MD)/960/2021disposed of

Sathyaselvakumari v. Amarnath

2021-07-08Honourable Mr Justice K.Murali Shankar2 pages

C.R.P(MD).No.960 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08.07.2021

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.R.P(MD).No.960 of 2021 Sathya Selvakumari ...Revision Petitioner/Petitioner Vs.

Amarnath

...Respondent/Respondent

PRAYER:- Petition is filed under Article 227 of the Constitution of India, to issue a direction to the learned Family Judge, Madurai to dispose of GWOP.No. 793 of 2019 on its file within a time framed fixed by this Court.

For petitioner : Mr.N. Juliet Latha

ORDER

The revision has been filed seeking direction to dispose of G.W.O.P.No.793 of 2019, on the file of the Family Court, Madurai within the time stipulated by this Court.

2. Admittedly, the revision petitioner is the wife of the respondent and the petitoner through her power agent has filed a petition in GWOP.No. 783 of 2019 for appointing her as guardian of her minor son and also permission to take him to Muscat to continue his studies and that the same is pending enquiry.

3. It is evident from the records that the petitioner has filed a divorce petition in IDOP.No. 892 of 2019 before the Family Court, Madurai, that the respondent has filed a petition in IDOP.No. 67 of 2016 for restitution of conjucal rights and that the same are pending. The learned counsel for the revision petitioner would submit that the respondent is not interested in contesting the main petition, that her minor son is unable to leave from India to Muscat to pursue his studies, that due to the non-availablity of No Objection Certificate of his father, Visa is not being issued and that therefore, the enquiry has to be expedited.

4. The fact remains that the petition in GWOP.No. 783 of 2019 was filed in the year 2019. The High Court has already issued Circulars to the District Judiciary directing the Courts to give priority for the cases relating to the Senior Citizens, HIV affected persons, Defence personnel, Women and Children etc., It is pertinent to note that the revision petitioner without approaching the trial Court has directly approached this Court with the above petition for speedy disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P(MD).No.960 of 2021 is not inclined to give any direction to dispose of the case within the specified period of time.

5. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is directed to consider the same, in the light of the circulars issued by this Court.

6. With the above observation and direction, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) trp To The Family Court, Madurai.

C.R.P(MD).No.960 of 2021 08.07.2021 RK (19.07.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2