Madras High CourtCRP(MD)/1371/2022disposed of

D.Anbalagan v. V. Vanajarani,

2022-07-21Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 21.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI D.Anbalagan ... Petitioner Vs V.Vanajarani ... Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to issue a direction to the Principal District Judge, Kanyakumari District at Nagercoil to dispose of the GWOP No.24 of 2021 within a stipulated time.

For Petitioner : Mr.D.Malaichamy For Respondent : No appearance

ORDER

This petition has been filed for a direction to to the Principal District Judge, Kanyakumari District at Nagercoil to dispose of the GWOP No.24 of 2021 within a stipulated time.

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2.The petitioner and the respondent are husband and wife. The petitioner filed a petition in GWOP.No.1092 of 2020 before the Family Court, Coimbatore seeking declaration that he is the guardian on his minor child and for permanent constructive custody of the minor. However, at the instance of the respondent, in TRCMP(MD)No.24 of 2021, the GWOP was transferred to Principal District Court Kanyakumari District at Nagercoil and re-numbered as GWOP.No.24 of 2021. Though the respondent has transferred the proceedings to Nagercoil, she is dragging on the proceedings and further he is unable to visit her child due to the pendency of the interlocutory application filed therein and therefore, the petitioner has filed this petition.

3.The notice sent to the respondent was returned as unclaimed.

4.The GWOP proceedings is pending from the year 2020 and it is now pending before the Principal District Court, Kanykumari @ Nagercoil to which, the case was transferred from Coimbatore at the instance of the respondent. However, 2/4

the respondent having transferred the petition to Kanyakumari is not proceeding with the case. The petitioner also claims that in view of the pendency of the petition, he is unable to visit his minor daughter. The notice sent to the respondent is returned as unclaimed.

5.Under such circumstances, the civil revision petition is disposed of with a direction to the learned Principal District Judge, Kanyakumari District at Nagercoil to dispose of the GWOP No.24 of 2021 as expeditiously as possible within a period of one year from the date of receipt of a copy of this order. No costs.

21.07.2022 dsk To The Principal District Judge, Kanyakumari @ Nagercoil.

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B.PUGALENDHI, J.

dsk 21.07.2022 4/4