Ramprasath v. Priya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Ramprasath ... Petitioner/ Petitioner Vs.

Priya ... Respondent/ Respondent Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the learned Sub Court, Tiruchendur to dispose the H.M.O.P.No.63 of 2019, within time framed fixed by this Court.

For Petitioner : Mr.K.Sivabalan

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in H.M.O.P.No.63 of 2019, pending on the file of the Sub Court, Tiruchendur, within a specified time fixed by this Court. 1/4

2. I have heard the learned counsel appearing for the revision petitioner. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondent is not necessary.

3. The revision petitioner has filed a petition in H.M.O.P.No.63 of 2019 to dissolve the marriage solemnized on 29.05.2015 between the revision petitioner and the respondent.

4. The learned counsel appearing for the revision petitioner would submit that the above petition was referred to the mediation centre, but the mediation was ended in failure, that since the case is pending for the last 4 years without any progress, the revision petitioner is put to irreparable hardship and that therefore, the trial has to be expedited.

5. The fact remains that the HMOP was filed in the year 2019. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioner, without approaching the trial Court, has directly come forward with the present 2/4

Revision Petition before this Court, seeking early disposal. In the absence of total pendency particulars and the work burden of that particular Court, this Court is not inclined to give any direction to dispose of the case within a specified period of time.

6. However, the trial Court is required to give priority to the cases, as per the Circulars of the High Court. The revision petitioner is at liberty to approach the trial Court and if such requisition for early disposal of the case is made, the learned trial Judge is required to consider the urgency for early trial, in the light of the circulars issued by this Court.

7. With the above observation and direction, the Civil Revision Petition is disposed of. No costs.

03.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Sub Court, Tiruchendur.

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

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 03.10.2023 4/4