K.Loga Senthil v. Sangeetha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR K.Loga Senthil ... Petitioner Vs.

Sangeetha ... Respondent Prayer: This Civil Revision Petition filed under Article 227 of Constitution of India, to direct learned Subordinate Judge, Kumbakonam to dispose the H.M.O.P.No.233 of 2022, within a time frame fixed by this Court.

For Petitioner : Mr.S.K.Mani

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the case in H.M.O.P.No.233 of 2022, pending on the file of the learned Subordinate Judge, Kumbakonam, within a specified time fixed by this Court.

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2. Since the revision petition is filed for early disposal of the case, the issuance of notice to the private respondent is not necessary.

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

4. The petitioner/husband has filed a petition in H.M.O.P.No.233 of 2022 on the file of the Principal Subordinate Judge, Kumbakonam, against the respondent seeking divorce on the ground of desertion and the same is pending.

5.The learned counsel for the revision petitioner would submit that the respondent is not willing to live with the petitioner and with an ill motive, she is delaying the trial without filing counter and that therefore, the trial of the case has to be expedited.

6.Admittedly, the HMOP was filed 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 citizens, HIV affected 2/5

persons, defence personnel, children etc., It is to be noted that the revision petitioner without approaching the trial Court, has 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. Generally, the trial Court is required to give priority to the cases, as per the circulars of this Court.

7. In view of the above, the revision petitioner is at liberty to approach the trial Court and if such requisition is made, the trial Court is required to consider the same, in the light of the circulars issued by this Court for early disposal.

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

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To

1. The Subordinate Judge, Kumbakonam.

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 : 16.10.2023 5/5