S.Karthik Madhan v. R.Vaisali

C.R.P.(MD)No.1175 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU C.R.P.(MD)No.1175 of 2020 S.Karthik Madhan ... Petitioner Vs.

R.Vaisali ... Respondent Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Family Court Judge, Madurai to dispose of H.M.O.P.No.1057 of 2016 within a stipulated time thay may be fixed by this Court.

For Petitioner : Mr.A.R.Sethupathy

ORDER

This civil revision petition has been filed to direct the learned Family Court Judge, Madurai to dispose of H.M.O.P.No.1057 of 2016 within a time frame.

2.The learned counsel for the petitioner would submit that the petitioner has filed a divorce petition in H.M.O.P.No.1057 of 2016 to dissolve the marriage dated 11.05.2012 between the petitioner and the respondent on the ground of cruelty. In the year 2017, the respondent has filed a petition in H.M.O.P.No.161 of 2017 on the file of the Family Judge, Madurai for restitution of conjugal rights. The petitioner herein also filed his counter affidavit and thereafter, both the petitions posted jointly, without any progress. The grievance of the petitioner is that, matter is being adjourned and there is no progress in the case. Hence, the petitioner before this Court for getting speedy disposal of the H.M.O.P.No.1057 of 2016.

3.Since this Civil Revision Petition is filed for early disposal of the divorce petition, no notice is necessary to the respondent herein.

4.Considering the facts and circumstances of the case, this Court feels that ends of justice would be met by directing the Court below to dispose the divorce petition within a time frame. Without adverting to the merits of the case, a direction is issued to the learned learned Family Court Judge, Madurai to dispose the divorce petition in H.M.O.P.No.1057 of 2016 and the restitution of conjugal rights petition in H.M.O.P.No.161 of 2017 by conducting a joint trial, on merits and in accordance with law, within a period of six https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.R.P.(MD)No.1175 of 2020 months from the date of receipt of a copy of this order. 5.With the above direction, this civil revision petition is allowed. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) gns NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized 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 The Family Court Judge, Madurai.

Copy To:-The Registrar (Judicial), Madurai Bench of Madras High Court,Madurai.

+1 CC to M/s.T.R.SUBRAMANIAN, Advocate ( SR-462[F] dated 07/01/2021 ) C.R.P.(MD)No.1175 of 2020 05.01.2021 (KUN)CO AP(19/01/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2