S.Kamala, v. Bharathi Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P.(PD)(MD)No.2384 of 2023 and C.M.P(MD)No.12294 of 2023 S.Kamala : Petitioner/Respondent/Respondent Vs.

Bharathi Kumar : Respondent/Petitioner/Petitioner Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records and set aside the order dated 10.02.2023 made in I.A.No.1 of 2022 in G.W.O.P.No.647 of 2022 passed by the Family Court, Trichy.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.M.Karthikeya Venkatachalapathy

ORDER

The Civil Revision is directed against the order passed in I.A.No.1 of 2022 in G.W.O.P.No.647 of 2022, dated 10.02.2023 on the file of the Family Court, Trichy, granting visitation right to the respondent. 1/5

2. When the matter was taken up for hearing earlier, the learned counsel for the petitioner submitted that despite direction of the trial Court, the respondent has not produced the ration card enabling the petitioner to admit their child in school and not complied the order of the trail Court and at that juncture, the learned counsel for the respondent would submit that they are ready to produce the same.

3. When the matter is taken up for hearing today, the learned counsel for the respondent would submit that the petitioner has come and he is ready to furnish the copy of the ration card and if necessary, he is ready to produce the original.

4. The learned counsel for the petitioner would submit that the earlier direction given by the Family Court may be continued and the learned Judge may be directed to complete the trial in the pending case and dispose of the same within the stipulated time as fixed by this Court.

5. It is not in dispute that the petitioner herein has filed a petition in H.M.O.P.No.42 of 2018 for divorce and whereas the respondent has filed a 2/5

petition in H.M.O.P.No.517 of 2019 for restitution of conjugal rights and both the matters are pending before the Family Court, Trichy, where the present GWOP is also pending.

6. Considering the submissions made by the learned counsel on either side and taking note of the disputes between the parties and the pendency of cases before the same Court, the learned Judge, Family Court, Trichy, is hereby directed to proceed with the trial in all three cases and dispose of the same within a period of four months from the date of receipt of copy of this order. The respondent is directed to produce the original ration card, if necessary for verification.

7. With the above directions, the Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs 27.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das 3/5

To 1.The Judge, Family Court, Trichy.

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

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K.MURALI SHANKAR ,J.

das Order made in C.R.P.(PD)(MD)No.2384 of 2023 and C.M.P(MD)No.12294 of 2023 Dated : 27.11.2023 5/5