Madras High CourtCRP(MD)/2240/2023disposed of

E.Daniel v. R.Amala Steffi

2023-09-04Honourable Mrs Justice K. Govindarajan Thilakavadi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated:04.09.2023

CORAM

THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI C.R.P(MD)No.2240 of 2023 E.Daniel ... Petitioner/Petitioner Vs.

R.Amala Steffi ... Respondent/Respondent Civil Revision Petition is filed under Article 227 of the Constitution of India, to pass an order of speedy disposal of the above petition in I.D.O.P.No.200 of 2019 pending on the file of the Family Judge, Madurai, within the time stipulated by this Court.

For Petitioners :Mr.Babu Rajendran

ORDER

This civil revision petition is filed seeking for a direction to direct the learned Judge, Family Court, Madurai, to dispose the petition in I.D.O.P.No. 200 of 2019 within the time stipulated by this Court.

2.According to the revision petitioner/husband, he filed the above I.D.O.P.No.200 of 2019, before the Family Court, Madurai, for divorce against the respondent, wherein, the respondent entered her appearance on 29.04.2019 and the matter was referred for counseling on 27.05.2019. Since the counseling was failed, the matter was posted for filing counter on 17.02.2020. Thereafter, the respondent filed her counter on 16.12.2021 and the case was adjourned to 18.04.2022 for enquiry. Finally the case was posted on 08.09.2023. The said petition is pending for more than 4 years without any progress. Hence, the present civil revision petition is filed. 3.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

4.The learned counsel appearing for the petitioner submitted that the only intention of the respondent is to drag on the proceedings in order to defeat the right of the petitioner. The trial Court is adjourning the matter without any valid reason and due to the pendency of the execution proceedings and as such, he is unable to enjoy the fruits of the decree within his life time. Hence, he prays for speedy disposal. 5.Considering the facts and circumstances of the case, this Court directs the learned Judge, Family Court, Maudrai, to dispose the I.D.O.P.No.

200 of 2019 on merits and in accordance with law, without giving any unnecessary adjournments, after affording opportunity to the parties concerned to put forth their contentions, as expeditiously, within a period of four months from the date of receipt of a copy of this order. 6.With the above direction, this Civil Revision petition is disposed of. No costs.

04.09.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No Ns Note:Issue order copy on 05.09.2023 To 1.The Family Court, Madurai.

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

K.GOVINDARAJAN THILAKAVADI, J.

Ns C.R.P(MD)No.2240 of 2023 04.09.2023