Madras High CourtCRP(MD)/824/2020allowed

Manojkumar.K v. Jennani@Sivasakthi

2020-11-30Honourable Mr Justice N. Seshasayee2 pages

C.R.P.(MD)No.824 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.SESHASAYEE C.R.P.(MD)No.824 of 2020 K.Manojkumar ... Petitioner/Petitioner -VsJennani @ Sivasakthi ..Respondent/Respondent Prayer: Civil Revision Petitions are filed under Article 227 of the Constitution of India, to direct the Subordinate Court, Uthampalayam to expedite the disposal of the petition in H.M.O.P.No.154 of 2017 within a period as fixed by this Court. For Petitioner : Mr.M.Eswaran

O R D E R

This petition has been filed seeking to expedite the trial in H.M.O.P.No.154 of 2017 pending on the file of the Subordinate Court, Uthamapalayam.

2. The Revision Petitioner is the petitioner in H.M.O.P.No.154 of 2017. He is the husband of the respondent and seeks dissolution of marriage. When the matter came up before this Court on 09.11.2020, this Court directed the Registry to obtain a report from the Sub Judge, Uthamapalayam.

3. The report has been received. The learned Sub Judge has indicated that the trial of the case is commenced, that the petitioner was examined in chief as P.W.1 on 30.10.2018. Thereafter, the respondent herein had filed I.A.No.6 of 2019 seeking interim maintenance and the said petition came to be allowed on 18.09.2019, but the petitioner has not complied with that order till 07.11.2020. It was only on 11.11.2020, the memo was filed before the Court reporting compliance of the order directing payment of interim maintenance. Promptly, he has come before this Court seeking a direction for expediting the conclusion of the trial.

4. The delay appears to have been caused partly by the default of the revision petitioner himself. Besides, the regulations https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.824 of 2020 concerning the Court's sitting owing to the onset of Covid-19 has also caused further delay.

5. Taking into consideration of the circumstances, this Court directs the Subordinate Court, Uthamapalayam to dispose of the case within a period of six months from today (i.e., 30.11.2020).

6. In the result, this Civil Revision Petition is allowed. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Cm/ta To 1.The Subordinate Judge, Uthampalayam.

2.The Section Officer-2 copies V.R Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.M. ESWARAN, Advocate ( SR-23724[F] dated 02/12/2020 ) C.R.P.(MD)No.824 of 2020 30.11.2020 PM(CO) KM (09.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2