R.Remigius Jude, v. M.Anusthika,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR C.R.P(PD)(MD)No.2524 of 2023 R.Remigius Jude : Petitioner/Petitioner Vs.

M.Anusthika : Respondent/Respondent Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to direct the Family Court, Madurai to dispose of the petition in S.M.O.P.No.1084 of 2022 within a time framed to be fixed by this Court.

For Petitioner : Mr.G.Anto Prince

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the case in S.M.O.P.No.1084 of 2022, pending on the file of the Family Court, Madurai, within a specified time fixed by this Court. 1/5

2. Heard the learned counsel appearing for the revision petitioner and also perused the records.

3. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary.

4. The Revision Petitioner/husband has filed a petition in S.M.O.P. No.1084 of 2022 on the file of the Family Court, Madurai, against the respondent seeking divorce on the ground of cruelty and the same is pending.

5. The learned counsel appearing for the revision petitioner would submit that the divorce petition was filed as early as on 21.05.2022 and the same is pending without any progress and that therefore, the trial has to be expedited.

6. The fact remains that the petition was filed only in the year 2022. The High Court has already issued circulars to the District Judiciary, directing the Courts to give priority for the cases relating to Senior 2/5

Citizens, HIV affected persons, Defence Personnel, Women and Children, more than 5 year old cases etc., It is to be noted that the revision petitioners, without approaching the trial Court, have directly come forward with the present 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.

7. 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.

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

06.10.2023 NCC :yes/No Index :yes/No Internet:yes/No das 3/5

To

1. The Judge, Family Court, Madurai.

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 Dated : 06.10.2023 5/5