Madras High CourtCRP(MD)/1240/2019disposed of

S.Gopi Shankar v. Archana Devi

2019-08-30Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD)No.1240 of 2019 S.Gopi Sankar .. Petitioner/Petitioner Vs.

Archana Devi .. Respondent/Respondent PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India praying to direct the Sub Court, Theni for expeditious disposal of the petition in H.M.O.P.No.139 of 2015 on the file of the Sub Court, Theni, within a time stipulated by this Court.

For petitioner : Mr.S.Sethuraman For respondent : Ms.P.Krishnaveni

ORDER

This civil revision petition has been filed by the petitioner seeking for a direction to the Sub Court, Theni to dispose of H.M.O.P.No.139 of 2015 within a stipulated time. 2.According to the petitioner, the marriage between the petitioner and the respondent was solemnized on 20.08.2012. After marriage, both of them lived happily for some time and they blessed with a male child and the child is now aged about six years. Thereafter, since the respondent left the matrimonial home and refused to come and live with the petitioner, he filed H.M.O.P.No.139 of 2015, seeking divorce. He examined himself as P.W.1 and marked Ex.P.1 and Ex.P.2. The grievance of the petitioner is that though the divorce petition has been filed in the year 2015, the respondent/ plaintiff has been dragging on the matter one way or the other. Since the petitioner is working in Armed Forces, Assam, it is very difficult for him to travel from Assam to Theni for attending each and every hearing of the case. Therefore, he has filed this revision petition seeking a direction for early disposal of H.M.O.P.No.139 of 2015.

3.Heard the learned counsel for the petitioner as well as the respondent.

4.Considering fact that the divorce petition has been pending from 2015 onwards and also considering the submission of the learned counsel appearing for the petitioner, this Court, without adverting to the merits of the case, is inclined to direct the Court below to https://hcservices.ecourts.gov.in/hcservices/

dispose of H.M.O.P.No.139 of 2015 on merits and in accordance with law as early as possible, preferably within a period of six months from the date of receipt of a copy of this order. Both the parties are directed to cooperate with the Court below for early disposal of H.M.O.P.No.139 of 2015.

5.Accordingly, this Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To 1.The Sub Judge, Theni.

2.The Record Keeper, V.R. Section,(2 copies) Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-84454[F] dated 30/08/2019 ) +2 CC to Mr.S. SETHU RAMAN, Advocate ( SR-84812[F] dated 03/09/2019) ORDER MADE IN C.R.P(MD)No.1240 of 2019 30.08.2019 smn MK (17.09.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/