Jafar Ali v. Shifana Nisha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Jafer Ali : Petitioner/Plaintiff (Rep.by his authorized power agent and father Sheik Andul Khadher) Vs.

1.Shifana Nisha 2.Maideen : Respondents/Defendants Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the lower Court for expeditious disposal of the O.S.No.5 of 2022 pending on the file of the Family Court, Tirunelveli within a time frame as fixed by this Court.

For Petitioner : Mr.A.Mohamed Hashim

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the suit in O.S.No.5 of 2022, pending on the file of the Family Court, Tirunelveli, within a specified time fixed by this Court. 1/4

2. The petitioner/plaintiff has filed the above suit to declare that the Talaq pronounced by the petitioner is valid and to dissolve the marriage held on 03.08.2014. The respondents/defendants have already filed the written statement that the issues were already framed and the case stands posted for trial.

3. The learned counsel for the petitioner would submit that the petitioner/plaintiff is now working at Saudi Arabia; that he has proposed to visit India by 10th November and planned to return on 10th December, that the trial Court may be directed to examine the plaintiff alone in the said period and that the trial Court may be directed to proceed with the remaining witnesses in the usual course. The learned counsel for the petitioner has also produced the copy of the tickets to show that he had already booked ticket for his trip from Saudi Arabia to India and for return trip.

4. Considering the submissions made by the learned counsel for the petitioner and also taking note of the fact that the petitioner is now 2/4

working in Saudi Arabia and his proposed visit to India in November, the trial Court is hereby directed to examine the plaintiff alone during his stay in India and the trial Court is at liberty to proceed with the trial in the usual course.

5. With the above observation and direction, the Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petitions is closed. No costs.

07.11.2023 NCC :yes/No Index :yes/No Internet:yes/No das Note : Issue order copy on 27.11.2023.

To 1.The Judge, Family Court, Tirunelveli.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai. 3/4

K.MURALI SHANKAR ,J.

das Order made in Dated : 07.11.2023 4/4