S.Selvam v. Thuyamani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2019

CORAM

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN C.R.P. (MD)Nos.1410 and 1411 of 2019 S.Selvam ... Petitioner/Respondent (in both CRPs) Vs.

Thuyamani ... Respondent/ Petitioner (in both CRPs) COMMON PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Presiding Officer, Family Court, Karur, to dispose H.M.O.P.Nos.201 of 2018 and 32 of 2018, within a time framed by this Court.

For Petitioner : Mr.S.Gokulraj (in both CRPs) COMMON ORDER 2018 and respondent in H.M.O.P.No.32 of 2018 pending on the file of the Family Court, Karur. He has filed the petition (i.e. H.M.O.P.No.201 of 2018) as against his wife Thuyamani and seeking the relief to dissolve the marriage solemnized on 20.08.2010 between them. Similarly, the respondent Thuyamani has filed a petition in H.M.O.P.No.32 of 2018 as against her husband i.e. the revision petitioner herein for the relief of restitution of conjugal rights. As of now, both the petitions are pending before the Family Court, Karur, for disposal.

2.In the said circumstances, the petitioner/husband has filed these two petitions under Article 227 of Constitution of India praying to direct the Presiding Officer, Family Court, Karur, to dispose of the both H.M.O.P in a time framed manner. 3.As per the averments made in the affidavit filed in support of petitions, the marriage between the petitioner and the respondent are solemnized on 20.08.2010. Due to the wedlock, the respondent gave birth to one male child, namely, Vishakan on 31.11.2011 only. 1/3

Thereafter, due to the misunderstanding arosed between the petitioner and the respondent, both of them separated from each other and as of now they are before the Family Court, Karur, for the reliefs referred above.

4.It is the case of the petitioner/husband that the respondent/wife often picked up quarrel with the petitioner and left the matrimonial home, she often used to stay with her parents. Though the petitioner had advised her on several occasions, she has not changed her attitude. In the mean time, in the month of December, 2012, without any communication to the petitioner she gone to her parents house and stayed with the child. After knowing the same, the petitioner/husband attempted through the elderly people to take back his wife to the matrimonial home, but on that particular day, his wife picked up quarrel with the petitioner and created unwanted scene in the said locality, in which, her parents are residing. Hence, the petitioner has gone to the level of filing the petition for annulling the marriage.

5.Resisting the claim made by the petitioner, the above averments made in the petition was strongly denied by his wife. It appears that she has also made so many allegations against her husband. According to her, only due to the attitude committed by her husband, she left the matrimonial home and lived with her parents. However, the allegation levelled against each other has to be decided only at the time of trial before the Family Court. 6.Now on considering the prayer sought by the petitioner, it is to be noted that since both the petitions are filed in the year 2018, it cannot be said those matters are a long pending one. However, now on go through the age of the petitioner and respondent, both of them are aged about 32 and 31 years respectively, it reveals that either parties are in young age, further they had one child.

In the said circumstances, only if the said petitions are disposed in earliest occasion, it would helpful for them to find out their future and also, for deciding the future of their child Vishakan. Hence, it would appropriate to give some direction to the Presiding Officer, Family Court, Karur.

7.For the forgoing reasons, this Court directs the Presiding Officer, Family Court, Karur, to dispose the H.M.O.P.Nos.201 and 32 of 2018, within a period of five months from the date of receipt of a copy of this order. Further, the Presiding Officer is directed to inform the date of disposal without fail. 2/3

8.With the above direction, these Civil Revision Petitions are disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To The Judge, Family Court, Karur.

+1 CC to Mr.S.GOKUL RAJ, Advocate SR-82246.

C.R.P. (MD)Nos.1410 and 1411 of 2019 CS(26.09.2019) 3P 3C 3/3