Madras High CourtCRP(MD)/2790/2023disposed of

R.Shylin v. R.Rajesh

2023-11-01Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

1. R.Shylin

2. R.Rhodesh represented through natural guardian mother-1st petitioner

3. R.Rhinnah represented through natural guardian mother-1st petitioner ... Petitioners/ Plaintiffs Vs.

R.Rajesh ... Respondent/ Defendant Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to issue a direction to dispose the suit in O.S.No.14 of 2021 on the file of Family Court, Kanniyakumari District at Nagercoil by allowing the above civil revision petition. For Petitioners : M/s.M.S.D.Ramya 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.14 of 2021, pending on the file of the Family Court, Kanniyakumari District at Nagercoil, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioners. 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 for herself and on behalf of her minor children has filed the suit in O.S.No.238 of 2017 for maintenance against the respondent/husband before the Sub Court, Kuzhithurai and subsequently, the suit was transferred to the Family Court, Kanniyakumari District at Nagercoil and renumbered as O.S.No.14 of 2021.

4. The learned counsel appearing for the revision petitioners would submit that the respondent's sole intention is to protract the suit 2/4

proceedings as far as possible, that the suit is pending from 2017 without any progress and that therefore, the trial has to be expedited.

5. Considering the fact that the suit is for maintenance claim and the same is pending for the past more than 6 years, the learned Judge of Family Court, Kanniyakumari District at Nagercoil, is hereby directed to complete the trial in O.S.No.14 of 2021 and dispose of the same as expeditiously as possible, preferably, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, the Civil Revision Petition is disposed of. No costs.

01.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Family Court, Kanniyakumari District at Nagercoil.

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 : 01.11.2023 4/4