← Library
Madras High CourtCRP(MD)/2105/2022disposed of

R. Sivasubramanian, v. Krishnaveni,

2022-11-09Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI R.Sivasubramanian ... Petitioner Vs Krishnaveni ... Respondent Prayer: Petition filed under Article 227 of the Constitution of India, to direct the Family Court, Nagercoil to dispose of H.M.O.P.No.419 of 2022 pending on its file within the stipulated time. For Petitioner : Mr.B.Rajesh Saravanan For Respondent : No appearance

O R D E R

This Civil Revision Petition is filed for early disposal of H.M.O.P.No.419 of 2022, pending on the file of the Family Court, Nagercoil.

1/4

2.The learned counsel appearing for the petitioner submits that the marriage between the petitioner and the respondent was solemnized on 08.02.2006. Due to some misunderstanding, they are living separately from the year 2011. The petitioner filed H.M.O.P.No. 65 of 2011, seeking divorce before the Principal Sub Court, Trichy on the ground of cruelty, which was dismissed for default. Thereafter, he filed another petition in H.M.O.P.No.5 of 2017 before the Sub Court, Trichy for divorce. At the instance of the respondent, the said application was transferred to II Additional Sub Court, Nagercoil and renumbered as H.M.O.P.No.4 of 2020. Subsequent to the establishment of Family Court at Nagercoil, the above application was again transferred to the Family Court, Nagercoil and renumbered as H.M.O.P.No.419 of 2022, which is still pending.

According to the learned counsel, the respondent is dragging the proceedings unnecessarily and now the petitioner is aged about 46 years and he has not enjoyed the matrimonial life and hence he filed the present Civil Revision Petition for early disposal of H.M.O.P.No.419 of 2022.

3.This Court considered the submission of the learned counsel appearing for the petitioner and perused the materials placed on record.

4.Considering the fact that originally the petition seeking divorce has been filed in the year 2017 and subsequently it was transferred to various Courts and now pending on the file of the Family Court, Nagercoil, without any progress, there shall be a direction to the learned Judge, Family Court, Nagercoil to dispose of H.M.O.P.No.419 of 2022, within a period of six months from the date of receipt of a copy of this order. No costs.

09.11.2022 Index : Yes / No.

Internet : Yes / No.

vrn To The Family Court, Nagercoil.

3/4

B.PUGALENDHI, J.

vrn Order made in 09.11.2022 4/4