K.Jennath Nisha v. A.Seiyadhu Abudhahir

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM

THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI K.Jennath Nisha ... Petitioner/Plaintiff Vs.

A.Seiyadhu Abudhahir ... Respondent/ Defendant Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Judge, Family Court, Madurai, to adjudicate and dispose the Original Suit in O.S.No.7 of 2022 on the file of Family Court, Madurai, on merits and in accordance with law within the time frame that may be framed by this Court. For Petitioner : Mr.C.Ezhilarasu 1/5

ORDER

The Civil Revision Petition has been filed by the petitioner to dispose the O.S.No.7 of 2022 pending on the file of the Family Court, Madurai, seeking for divorce filed by her and to pass final orders within the time frame that may be framed by this Court.

2. The learned counsel for the petitioner would submit that the marriage between the petitioner and the respondent was solemnized on 29.11.2018. Out of the wedlock, on 07.10.2020 they were blessed with a female child namely, Riyathul Fathima. Due to the adamant attitude of the respondent, she was aborted on 10.06.2019. Even thereafter, he did not change his attitude and tortured her. While-so, there was some matrimonial dispute between the petitioner and the respondent. The respondent refused to maintain the petitioner and her child. The petitioner went to her parents house in the month of May, 2021. Both of us living separately for more than 2 years. The respondent with drunken mood came to petitioner's parent's home and gave trouble and abused her in filthy language and attacked her. The 2/5

petitioner gave complaint on 02.02.2022 before the All Women Police Station, Thallakulam and the same is pending. Thereafter, the petitioner filed a suit in O.S.No.7 of 2022 before the Family Court, Madurai seeking for divorce. The case is adjourned periodically for the past one year without any progress and the case is now posted for Mediation on 22.10.2023. Hence, she prays for speedy disposal.

3. Considering the limited prayer sought for in the Revision, notice to other side is deemed unnecessary.

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

5. Considering the facts and circumstances of the case, this Court directs the learned Judge, Family Court, Madurai, to dispose of the O.S.No.7 of 2022, on merits and in accordance with law, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of copy of this order. 3/5

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

05.09.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No RM To 1.The Judge, Family Court, Madurai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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K.GOVINDARAJAN THILAKAVADI, J.

RM 05.09.2023 5/5