Madras High CourtCRP(MD)/1389/2019disposed of

Arokkayaraj v. Denseela

2019-08-20Honourable Mr Justice R. Pongiappan2 pages

CRP(MD)No.1389 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN CRP(MD)No.1389 of 2019 Arokkayaraj ... Petitioner / Husband versus Denseela ... Respondent/Wife Civil Revision Petition filed under Article 227 of Constitution of India, praying for a direction to the learned District Judge, Sivaganga, to expedite the trial in I.D.O.P.No.15 of 2018 and to fix the time for completion of trial. For Petitioner :

Mr.A.Uthayakumar

ORDER

The Civil Revision Petitioner herein is the petitioner in I.D.O.P.No.15 of 2018. He has preferred this Civil Revision Petition, under Article 227 of Constitution of India, praying to expedite the trial in I.D.O.P.No.15 of 2018, pending on the file of the learned District Judge, Sivaganga, in a time frame manner.

2. Before the District Court, Sivaganga, the petitioner filed a petition as against the respondent herein, under Section 10 (1)(x) of Indian Divorce Act, seeking the relief of dissolution of marriage, which was solemnized between the petitioner and respondent on 29.05.2018.

3. Admittedly, the petitioner and the respondent are husband and wife. Even though the petitioner raised various allegations against the respondent herein, those allegations can be dealt with only at the time of trial, before the District Court, Sivaganga.

4. Now, the issue to be decided is, whether a direction is necessary for disposing I.D.O.P.No.15 of 2018 in a time frame manner or not?.

5. On going through the copy of 'B' diary extract filed by the petitioner, it reveals that the petitioner filed the petition in I.D.O.P.No.15 of 2018 only on 30.07.2018. Subsequently, after appearance of the respondent, within one hearing, on 03.04.2019, the respondent filed her counter. Thereafter, on 01.07.2019, one Mr.A.Udhayakumar, learned counsel, filed his change of vakalat on https://hcservices.ecourts.gov.in/hcservices/ 1/4

CRP(MD)No.1389 of 2019 behalf of the petitioner. On receiving the change of vakalat, the learned District Judge, Sivaganga, posted the matter to 05.08.2019 for enquiry.

6. So, it is apparent that the case before the trial Court is progressed without any delay. Moreover, the petitioner has not shown any sufficient cause for issuing direction to the learned District Judge, Sivaganga, for expeditious disposal of I.D.O.P.No.15 of 2018. However, the dispute between the petitioner and the respondent relates to their matrimonial life, settling the dispute within the short span of time is convenient to either parties.

7. Accordingly, considering the facts and circumstances of the case, the learned District Judge, Sivaganga, is directed to dispose of I.D.O.P.No.15 of 2018 as expeditiously as possible, on merits and in accordance with law.

8. With the above direction, the Civil Revision Petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // Sub Assistant Registrar(CS) ogy To The District Judge, Sivaganga.

+1 CC to M/s.A. UTHAYA KUMAR, Advocate ( SR-82940[F] dated 22/08/2019 ) CRP(MD)No.1389 of 2019 20.08.2019 KK/SAR/04.09.2019/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/4