Madras High CourtCRP(MD)/1477/2019ordered

K.Mahalakshmi v. S.Udayakumar

2019-08-29Honourable Mrs Justice J. Nisha Banu2 pages

C.R.P.(MD.No.1477 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2019

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P(MD).No.1477 of 2019 K.Mahalakshmi ... Petitioner/ Petitioner Vs.

S.Udayakumar ... Respondent/ Respondent PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, praying to direct the learned Family Court Judge, Trichy, to dispose of H.M.O.P.No.230 of 2018 within a time frame.

For petitioner : Mr.C.Dhanaseelan

ORDER

This civil revision petition has been filed by the petitioner seeking a direction to the learned Family Court Judge, Trichy, to dispose of H.M.O.P.No.230 of 2018 pending on his file, within a stipulated time.

2. The learned counsel for the petitioner submitted that the marriage between the petitioner and the respondent was solemnized on 14.06.2017 and unable to bear the torture made by the respondent/husband, the petitioner has filed H.M.O.P.No.230 of 2018 on the file of the Family Court, Trichy. The respondent herein already entered appearance before the Court below and filed his counter affidavit. Even after filing the petition for divorce, the respondent has been harassing her by following her and spreading rumour against her in the social media. The grievance of the petitioner is that though the petition has been filed on 13.06.2018 and the petitioner has been cooperating with the Court below for disposal of the petition, the respondent / husband has been intentionally dragging on the matter one way or the other and the Court below also has been adjourning the matter periodically. The enquiry is still pending in this matter. Hence, she has filed this revision petition seeking a direction for early disposal of H.M.O.P.No.230 of 2018.

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C.R.P.(MD.No.1477 of 2019

3. Heard the learned counsel for the petitioner.

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 limited relief sought for by the petitioner in this petition, year of the H.M.O.P. and stage of the petition, this Court, without going into the merits of the case, is inclined to issue the following direction to the Court below: The learned Family Court Judge, Trichy, is directed to dispose of H.M.O.P.No.230 of 2018 on merits and in accordance with law as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. Both the parties are directed to cooperate with the Court below for early disposal of the case.

6. This revision petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar To The Family Court Judge, Trichy.

+1 CC to M/s.C.DHANASEELAN, Advocate ( SR-84651[F] dated 30/08/2019 ) C.R.P(MD).No.1477 of 2019 29.08.2019 gcg JM/18.09.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2