Subbu Thenappan v. Nil

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR

1. Subbu Thenappan

2. Lakshmi @ Sindhuja ... Petitioners/ Petitioners Vs.

Nil ... Respondent/ Respondent Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Sub Court, Thirumayam to expedite the trial in H.M.O.P.No.137 of 2023 on its file, within a time frame as may be fixed by this Court.

For Petitioner : Mr.D.Rameshkumar

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in H.M.O.P.No.137 of 2023, pending on the file of the Sub Court, Thirumayam, within a specified time fixed by this Court. 1/4

2. When the matter is taken up for hearing today, the learned counsel appearing for the revision petitioners would submit that the revision petitioners have filed a petition under Section 13-B(1) of the Hindu Marriage Act seeking divorce on mutual consent and after the case was taken on file in H.M.O.P.No.137 of 2023, the case was posted on 26.03.2024 by giving cooling off period.

3. Admittedly, the revision petitioners have not filed any application nor made any request before the concerned Court for waiving the "cooling off" period. Hence, this Court is not inclined to stipulate any time frame for disposal of the case. However, the revision petitioners are at liberty to approach the concerned Court and on such requisition, the learned trial Judge is directed to pass orders in accordance with law.

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

31.10.2023 NCC :yes/No Index :yes/No Internet:yes/No csm 2/4

To

1. The Sub Court, Thirumayam.

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 : 31.10.2023 4/4