Madras High CourtCRP(MD)/1379/2019disposed of

T.P.A.Alphonse Kavin v. Anet Jeniliya Alias Malathi

2019-10-01Honourable Mr Justice Krishnan Ramasamy2 pages

IDOP No. 53 of 2015 and GWOP No. 5 of 2016 on the file of the Family BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY C.R.P(MD)Nos.1379 & 1380 of 2019 T.P.A. Alphonse Kavin ... Petitioner in both CRPs.

Vs.

Anet Jenilliya @ Malathi ... Respondent in Both CRPs.

PRAYER: The Civil Revision Petitions are filed under Article 227 of Constitution of India to issue a direction for speedy disposal of IDOP No. 53 of 2015 and GWOP No. 5 of 2016 on the file of the Family Court, Madurai, within a time stipulated by this Court. In both CRPs.

For Petitioner : Mr. G. Vanjinathan COMMON ORDER The Civil Revision Petitions are filed to issue a direction for speedy disposal of IDOP No. 53 of 2015 and GWOP No. 5 of 2016 on the file of the Family Court, Madurai, within a time stipulated by this Court.

2. The learned counsel appearing of the petitioner would submit that the petitioner herein has filed IDOP No.53 of 2015 in the year 2015 and also filed GWOP No.5 of 2016 in the year 2016 before the learned Judge, Family Court, Madurai. Due to non-appearance of the respondent on many hearings the aforesaid IDOP and GWOP were adjourned from time to time. Further, referring to the Judicial Notification No.C-5 CAS/2007, Tamil Nadu (Case Flow Management in Subordinate Courts), Rules, 2007, the learned counsel contended that in all the cases relating to matrimonial disputes, the Court below supposed to have dispose off within one year, from the date of filing. However, even after expiry of 3-Years the matters are still pending. Hence, the petitioner is before this Court with the present Civil Revision Petitions for issuance of a direction to the Court below for the disposal of IDOP and GWOP at the earliest point of time.

3.Considering the facts and circumstances of the case and in view of the Judicial Notification and also the submission made by the learned counsel appearing for the petitioner, the petitions https://hcservices.ecourts.gov.in/hcservices/ 1/2

IDOP No. 53 of 2015 and GWOP No. 5 of 2016 on the file of the Family should have been disposed of within a period one year from the date of filing, however, the same is pending for more than 3 years. Therefore, this Court is inclined to issue a direction to the Court below to dispose of the IDOP No.53 of 2015 and GWOP No.5 of 2016 within a time frame.

4. Accordingly, the learned Judge, Family Court, Madurai, is hereby directed to dispose of the IDOP No.53 of 2015, within a period of four months, from the date of receipt of a copy of this order and GWOP No.5 of 2016, within a period of nine months, from the date of receipt of a copy of this order. These Civil Revision petitions are ordered accordingly. No costs.

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

+1 CC to M/s.G.VANJINATHAN, Advocate SR-90841. Common Order made in C.R.P(MD)Nos.1379 & 1380 of 2019 01.10.2019 CS(20.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2