← Library
Madras High CourtCRP(MD)/1512/2021disposed of

K.Manikandan, v. K.Chitravani,

2021-10-20Honourable Mr Justice A.D.Jagadish Chandira4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 20.10.2021.

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA C.R.P.(PD)(MD) No.1512 of 2021 K.Manikandan Petitioner/Petitioner/Petitioner vs.

K.Chitravani Respondent/Respondent/Respondent Civil Revision Petition filed under Article 227 of the Constitution of India seeking for a direction for speedy disposal of I.A.No.1 of 2019 in H.M.O.P.No.109 of 2018 on the file of the Family Court, Kanniyakumari at Nagercoil.

For Petitioner : Mr.S.Ramasundarvijayraj

ORDER

The petition has been filed seeking a direction to the Family Court, Kanyakumari at Nagercoil to dispose of I.A.No.1 of 2019 in H.M.O.P.No.109 of 2018 as expeditiously as possible.

2. Learned counsel for the petitioner would submit that the petitioner had filed H.M.O.P.No.54 of 2017 on the file of the Principal Sub Court, Nagercoil seeking dissolution of marriage. After the constitution of the Family Court, the case was transferred to the Family Court, Nagercoil and renumbered as H.M.O.P.No.109 of 2018 and since the petitioner was unable to appear regularly before the court on account of his transfer to Vadipatti, the case had been taken up and dismissed for non prosecution on 4.9.2018, however, since his counsel did not inform him about the dismissal of the case for non prosecution, there was a delay of 290 days in approaching the court seeking restoration of the case and hence, he had filed Application in I.A.No.1 of 2019 seeking condonation of delay. He would further submit that the respondent/wife had filed counter and the Family Court heard both the parties and the matter was posted for orders on 20.3.2020 and thereafter, orders have not been passed so far and thereby the present revision has been filed seeking early disposal of the said Application.

3. The extract of B diary as found from the typed set of papers is reproduced hereunder for ready reference:- "I.A. No. 1/19 1/4

HMOP 109/18 Petition filed by the petitioner Manikandan.To pass an order to condone the delay of 298 days for filing restore petition. Petition disposed on 04.09.2018 U/s. Limitation Act copy not given to other side C/o. 07.08.2019 07.08.2019 Notice to the respondent C/o.06.09.2019 06.09.2019 Court and Post served Both parties present Counter C/o.17.10.2019 17.10.2019 Counter. Both parties present of request C/o.21.11.19 Condone the delay of 298 days for filing restore petition.

I.A.No. 1/19 HMOP 109/18 Ad. Vikiramaraj 21.11.2019 Counter Both parties of counter filed. Arg.by 18.12.19 18.12.19 Eng.Arg.by 30.01.2020 30.01.2020 Eng.Rept.Petr. Arg. bu 18.02.2020 18.02.2020 Enquiry. Argument heard C/o. 05.03.2020 05.03.2020 Respt. Side Enquiry. Order by 20.03.2020 20.03.2020 Order 30.03.2020 30.03.2020 Covid-19 lockdown reported to 29.04.2020 29.04.2020 Covid-19 lockdown reported to 29.05.2020 29.05.2020 Covid-19 lockdown reported to 30.06.2020 30.06.2020 Covid-19 lockdown Order not ready Call on 05.08.2020.

05.08.2020 Covid-19 lockdown Order not ready Call on 15.09.2020 15.09.2020 Covid-19 lockdown Order not ready Call on 28.09.2020 28.09.2020 Covid-19 lockdown Order not ready Call on08.10.2020 2/4

08.10.2020 Covid-19 lockdown Order not ready Call on 16.10.2020 16.10.2020 Covid-19 lockdown Order not ready Call on 03.11.2020 03.11.2020 For clarify on 23.11.2020 23.11.2020.

For clarification. Petitioner present C/o. 26.11.2020 26.11.2020 For clarification C/o. 09.12.2020 09.12.2020 For clarification. Petitioner present. Respt absent. Covid 19 lock down reposted to 31.12.2020. 31.12.2020 for Clarification. Petitioner side argument heard. Respt. Side argument by 02.01.2021 02.01.2021 Respt. Side argument. Respondent not present. No respondent. Respondent side argument by 19.01.2021 19.01.2021.

Respondent side argument. Both parties present . Reposted to 11.02.2021.

11.02.2021 Respondent side argument by 17.02.2021 17.02.2021 Order not ready. Judge on OD. Reposted to 02.03.2021 02.03.2021 Order not ready. Judge on OD Reposted to 06.03.2021 06.03.2021 For clarification reposted to 13.03.2021 13.03.2021 For clarification C/o.19.03.2021 19.03.2021 For clarification C/o.30.03.2021 30.03.2021 Petitioner present. Judge on OD. Reposted to 08.04.2021 08.04.2021 For clarification Both parties present. For clarification C/o.23.04.2021 23.04.2021 For clarification . Covid 19 lock down reposted 3/4

to 10.06.2021 10.06.2021 Covid 19 lock down reposted to 17.07.2021 17.07.2021 For clarification Covid 19 lock down reposted to 05.08.2021 05.08.2021 For clarification Covid 19 lock down R.Pt. 26.08.2021 26.08.2021 Clarification. petitioner call for arg.C/o. 23.09.2021 23.09.2021 Notice to be sent "

4. On perusing the sequence of events as extracted above and considering the plea of the petitioner, a direction is issued to the Family Court, Kanniyakumari at Nagercoil to dispose of I.A.1 of 2019 in H.M.O.P.No.109 of 2018 within a period of 3 months from the date of receipt of a copy of this order. The civil revision petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) ssk.

Note: In view of the present lock down owing to COVID 19 pandemic, a web copy of the order may be utilised for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To Judge, Family Court, Kanniyakumari at Nagercoil.

+1 CC to M/s.VEERA ASSOCIATES, Advocate ( SR-32189[F] dated 21/10/2021 ) C.R.P.(PD)(MD) No.1512 of 2021 20.10.2021.

PS(CO) KB(17.11.2021) 4P 3C 4/4