Madras High CourtCRP(MD)/2231/2023disposed of

Selvakumar v. N.Nagarathinam

2023-09-05Honourable Mrs Justice K. Govindarajan Thilakavadi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2023

CORAM

THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Selvakumar ... Petitioner/Petitioner Vs.

N.Nagarathinam ... Respondent/ Respondent Prayer : Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the learned Family Court Judge, Family Court, Madurai, to expedite and dispose the trial in H.M.O.P.No.1081 of 2021 within the time frame that may be framed by this Court. For Petitioner : Mr.S.Balamurugan 1/5

ORDER

The Civil Revision Petition has been filed by the petitioner to dispose the H.M.O.P.No.1081 of 2021 pending on the file of the Family Court, Madurai, seeking for divorce filed by him and to pass final orders within the time frame that may be framed by this Court.

2. According to the Revision Petitioner/husband, earlier he filed a petition for divorce and as the respondent assured for reunion, the earlier divorce petition was closed in the year 2013. Thereafter, the respondent refused for reunion and both of us living separately. Again the petitioner filed petition for restitution of conjugal rights, in which, the respondent did not appear and hence, he withdraw the said petition. Thereafter, he filed another divorce petition in H.M.O.P.No.1081 of 2021. But, the same is still pending without any progress. Both of us living separately for more than 5-1/2 years. The case is posted for exparte evidence on 05.07.2023 and the respondent filed application to set aside the ex-parte order and now the case is adjourned to 16.08.2023. Hence, he prays for speedy disposal.

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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 H.M.O.P.No.1081 of 2021, 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.

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 3/5

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