S.Jebakingsly, v. S.Juliekumari,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2018 CORAM :

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(PD)(MD)No.2262 of 2018 and C.M.P.(MD)No.10174 of 2018 S.Jebakingsly

...Petitioner/Petitioner/Petitioner

Vs.

S.Juliekumari ... Respondent/Respondent/Respondent PRAYER: Petition filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 08.01.2018 passed in I.A.No.395 of 2017 in I.D.O.P.No.12 of 2017 on the file of the District Judge, Kanyakumari District at Nagercoil. For Petitioner : Mr.R.J.Karthick For Respondent : Mr.S.Prasanth *****

ORDER

This Civil Revision Petition is directed against the fair and decreetal order dated 08.01.2018 passed in I.A.No.395 of 2017 in I.D.O.P.No.12 of 2017 on the file of the learned District Judge, Kanyakumari District at Nagercoil.

2. The parties before this Court are couples and the petitioner herein has filed I.D.O.P.No.12 of 2017 for divorce. In the said OP, the respondent has filed I.A.No.153 of 2017, claiming interim maintenance. It is the contention of the petitioner that the respondent is working as a Physiotherapist in DEIC Department at Kanyakumari Medical College Hospital and is well earning and therefore, she is not entitled to claim maintenance from the petitioner. Therefore, the petitioner has filed I.A.No.395 of 2017 to direct the Dean / Head of DEIC Department to produce the service records, employment details, salary details and other particulars of the respondent. This IA was dismissed by order dated 08.01.2018 and challenging the same, the petitioner is before this Court.

3. Heard the learned Counsel appearing on either side.

4. When the matter came up for hearing today, learned Counsel for the petitioner confined his prayer and submitted that it would suffice, if a direction is issued to the Court below for early disposal of I.D.O.P.No.12 of 2017, for which, the learned Counsel for the respondent has no serious objections. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the limited scope of the relief that is now sought for by the petitioner and also considering the facts and

circumstances of the case, this Court, without going into the merits of the case, directs the learned District Judge, Kanyakumari District at Nagercoil, to dispose of I.D.O.P.No.12 of 2017, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar(CS-III) To The District Judge, Kanyakumari District at Nagercoil.

+1cc to M/s.R.J.Karthick,Advocate Sr.No.97972 GK KM/PM/SAR3/19.12.2018/2P/3C C.R.P.(PD)(MD)No.2262 of 2018 and C.M.P.(MD)No.10174 of 2018 30.11.2018 https://hcservices.ecourts.gov.in/hcservices/