Disposed

F.Irudayaraj v. Mrs.I.Epsiba

Madras HC10 Jul 2014CRP/1978/2014

Case brief

AI extract

What is this about?

Single judge of the Madras High Court, dispensed with notice to the respondent in Civil Revision Petitions filed under Article 226 of the Constitution of India for early disposal of pending divorce, restitution of conjugal rights, and maintenance petitions. The Court directed the Principal Family Court, Chennai, to dispose of the three matters within four months.

What did the court decide?

directed the Principal Family Court, Chennai, to dispose of the three petitions within four months after giving fair opportunity to both sides.

F.Irudayaraj Vs Mrs.I.Epsiba — Matrimonial and Divorce | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 10.07.2014

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CORAM :

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THE HONOURABLE MS.JUSTICE R.MALA

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C.R.P(PD).Nos.1978 and 2506 of 2014

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F.Irudayaraj .. Petitioner in both CRPs.

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Vs.

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I.Epsiba .. Respondent in both CRPs.

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Prayer :- Civil Revision Petitions are filed under Article 227 of the Constitution of India, for early disposal of O.P.Nos.1358 of 2013 and 2029 of 2011 pending on the file of the Principal Family Court, Chennai, within stipulated time.

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For Petitioner : Mr.R.Ravindra Ram

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C O M M O N O R D E R

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The Civil Revision Petitions are filed for early disposal of O.P.Nos.1358 of 2013 and 2029 of 2011 pending on the file of the Principal Family Court, Chennai, within stipulated time.

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2.Learned counsel for the revision petitioner submitted that

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the revision petitioner/husband has filed O.P.No.2029 of 2011 for divorce on the file of the Family Court, Chennai. The respondent/wife has filed O.P.No.1358 of 2013 for restitution of conjugal rights and she has also filed M.C.No.257 of 2012 claiming maintenance on the file of the Family Court, Chennai. Hence, she filed a memo to take up all the three cases for joint trial. It is further submitted that the petitioner/husband filed his common proof affidavit before the trial Court on 28.11.2013 and on that day itself, P.W.1 was examined in chief, Exs.P1 to P9 were marked, for cross-examination of P.W.1, it was adjourned to 17.12.2013 and thereafter, no progress. Hence, he prayed for earlier disposal of all the three petitions.

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3.Considering the limited relief as sought for herein, notice to the respondent is dispensed with.

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4.On perusal of the typed set of papers, it reveals that already the matter is posted for reporting settlement. As there is no chance for settlement, the wife has filed memo for joint trial of all the three matters and the same was ordered. Thereafter, the husband has

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filed his common proof affidavit, P.W.1 was examined, Exs.P1 to P9 were marked and the matter was adjourned to cross-examination of P.W.1. Under such circumstances, it is a fit case for giving direction to the trial Court to dispose of all the three matters as early as possible. Accordingly, the Presiding Officer, Principal Family Court, Chennai, is directed to dispose of the petitions in O.P.Nos.2029 of 2011 and 1358 of 2013 and M.C.No.257 of 2012 within a period of four months from the date of receipt of a copy of this order, after giving fair opportunity to both sides.

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5.With the above direction, the Civil Revision Petitions are disposed of. No costs.

10.07.2014

Internet:Yes

The Principal Family Court, Chennai.

R.MALA,J.

C.R.P(PD).Nos.1978 and 2506 of 2014

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10.07.2014

F.Irudayaraj v. Mrs.I.Epsiba

Case brief

What is this about?

What did the court decide?

F.Irudayaraj v. Mrs.I.Epsiba

Case brief

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What did the court decide?

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