Madras High CourtCRP(MD)/1647/2023disposed of

Manikandan v. Preethi

2023-07-12Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.07.2023

CORAM

THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI Manikandan ... Petitioner Vs.

Preethi ... Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the Additional Sub Court, Kumbakonam to dispose the petition in H.M.O.P.No.124 of 2018 along with the I.A.No.32 of 2019 within a time frame as fixed by this Court.

For Petitioner : Mr.T.Lenin Kumar

O R D E R

This Civil Revision Petition is preferred by the petitioner/husband for early disposal of H.M.O.P.No.124 of 2018 and I.A.No.32 of 2019 on the file of the Additional Sub Court, Kumbakonam within a time to be fixed by this Court. Since the present Civil Revision Petition has been preferred only for early disposal of H.M.O.P. and I.A., the notice for the respondent is dispensed with.

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2. The petitioner/husband has preferred a divorce petition in H.M.O.P.No.124 of 2018 before the Additional Sub Court, Kumbakonam. The respondent/wife has filed her counter affidavit after one year from the date of her appearance. Thereafter, the respondent/wife filed I.A.No.32 of 2019 seeking for an interim maintenance and for litigation expenses, in which, the respondent has also filed his counter affidavit in the year 2021.

3. According to the petitioner/husband, though he filed counter affidavit in I.A.No.32 of 2019 on 29.01.2021, till date, the said I.A. is not disposed of by the Court below and hence, the petitioner/husband was constrained to file the present Civil Revision Petition for early disposal of H.M.O.P along with I.A.

4. On perusal of the records, it is seen that several adjournments were given by the Trial Court without any valid reasons. Therefore, considering the facts and circumstances of the case and considering the inconvenience caused to the petitioner/husband, the learned Additional Sub Judge, Kumbakonam is directed to dispose of H.M.O.P.No.124 of 2018 and I.A.No.32 of 2019 on merits and in accordance with law, without giving any unnecessary adjournments, by affording sufficient opportunity to the parties to put forth Page No. 2 of 4

their contentions, expeditiously, within a period of six months from the date of receipt of a copy of this order.

5. Accordingly, this Civil Revision Petition is disposed of. No cost. 12.07.2023 NCC :Yes/No Internet: Yes/No Index: Yes/No jen To The Judge, Additional Sub Court, Kumbakonam.

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K.GOVINDARAJAN THILAKAVADI, J.

jen 12.07.2023 Page No. 4 of 4