Madras High CourtCRP(MD)/1444/2019disposed of

C.Vinod v. Gayathri Alais Shakila Banu

2019-08-27Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P(MD).No.1444 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD).No.1444 of 2019 C.Vinod ... Petitioner/ Petitioner Vs.

Gayathri alias Shakila Banu ... Respondent / Respondent PRAYER:- This Civil Revision Petition has been filed under Article 227 of the Constitution of India, praying to direct the learned Principal District Court, Thanjavur to dispose the case in S.M.O.P.No.115 of 2014 pending on his file within a stipulated time. For petitioner : Mr.P.Arun Jayatram

ORDER

This civil revision petition has been filed by the petitioner seeking a direction to the learned Principal District Judge, Thanjavur, to dispose the case in S.M.O.P.No.115 of 2014 pending on his file within a stipulated time.

2. The learned counsel for the petitioner submitted that the marriage between petitioner and the respondent was solemnized on 15.02.2009 and due to the wedlock, a male child was born on 28.12.2009. Due to difference of opinion between the petitioner and the respondent, they are separated and the child is with the custody of the respondent. In this circumstance, the petitioner filed S.M.O.P.No.115 of 2014 for divorce on the file of the Principal District Court, Thanjavur. The grievance of the petitioner is that more than 28 hearings, the petitioner appeared before the Court for cross examination by the learned counsel for the respondent, so far he has not been cross examined. The learned Judge has not proceeded the matter and granted frequent adjournments. The further grievance of the petitioner is that in view of the non disposal of the S.M.O.P., the petitioner deprived right to get divorce from the respondent. Hence, he has filed this revision petition seeking a direction for early disposal of the said petition.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

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C.R.P(MD).No.1444 of 2019

4. In view of the limited relief sought for by the petitioner and considering the fact that no prejudice would be caused to the respondent by ordering this petition, this Court is of the view that notice need not be sent to the respondent.

5. Considering the facts and circumstances of the case and also considering the fact that the petition in S.M.O.P.No. 115 of 2014 is of the year 2014, this Court feels that ends of justice would be met by directing the Court below to dispose of the suit within a time frame. Without adverting to the merits of the case, a direction is issued to the learned Principal District Judge, Thanjavur to dispose the case in S.M.O.P.No.115 of 2014 on merits and in accordance with law, within a period of six months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar To 1.The Principal District Judge, Thanjavur.

2.The Record Keeper,(2 copies) V.R. Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO Mr.P.ARUN JAYATRAM, Advocate, Sr No.84016 C.R.P(MD).No.1444 of 2019 27.08.2019 msa MS/16.09.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2