Disposed

Swaminathan@Ravishankar v. Hemapriya

Madras HC12 Jun 2017CRP/1820/2017

Case brief

AI extract

What is this about?

In this Civil Revision Petition under Article 226 of the Constitution of India filed for a fixed timeline to expedite the disposal of a divorce petition pending before the Family Court, Salem, the High Court directed the trial court to dispose of the matter within six months.

What did the court decide?

The Family Court, Salem, is directed to dispose of the petition in FCOP.No.301 of 2016 expeditiously, not later than six months from the date of receipt of a copy of this order.

Swaminathan@Ravishankar Vs Hemapriya — Matrimonial and Divorce | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.06.2017

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CORAM:

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THE HONOURABLE Ms.JUSTICE V.M.VELUMANI

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C.R.P.(PD)No. 1820 of 2017

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Swaminathan @ Ravishankar .. Petitioner

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Vs.

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Hemapriya .. Respondent

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PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, praying to fix a time limit for speedy disposal of the F.C.O.P.No.301 of 2016 pending on the file of the Court of Family Judge, Salem.

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For Petitioner : Mr. S. Saranraj

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ORDER

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The Civil Revision Petition has been filed praying to a fix a time limit for speedy disposal of the F.C.O.P.No.301 of 2016 on the file of the Family Court, Salem.

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The petitioner is the husband and respondent is the wife. The petitioner and the respondent got married on 13.04.2014.

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Due to the difference of opinion that arose between the petitioner and respondent, the petitioner filed a petition in FCOP. No.415 of 2015 on the file of the Family Court, Salem, against the respondent for divorce. The said FCOP proceedings was referred to Lok Adalath. By mutual consent, both the petitioner and the respondent agreed to live together. Accordingly, the petition in FCOP.No.415 of 2015 was closed. In due course of time, the respondent picked up quarrel with the petitioner and left the matrimonial home again. In the said circumstances, the petitioner filed another petition in FCOP.No.301 of 2016 on 17.7.2016 before the Family Court, Salem for divorce and the same is pending.

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It is stated by the learned counsel for the petitioner

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that the respondent had sought several adjournments for filing counter and finally filed the counter on 17.02.2017. The trial Court adjourned the matter on 16.6.2017, for enquiry.

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Heard the learned counsel for the petitioner and

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perused the materials on records.

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It is seen that the petitioner has not stated any valid reason for the delay of the proceedings before the trial Court. However, this Court, taking into consideration that the matrimonial proceedings is pending from the year 2016, and in the interest of justice, without going into the merits of the case, the learned Judge, Family Court, Salem is directed to dispose of the petition in FCOP.No.301 of 2016 as expeditiously as possible, in any event, not later than six months from the date of receipt of a copy of this order.

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In the result, the Civil Revision Petition is disposed

of. No costs.

12.06.2017

Speaking Order/Non Speaking Order Index : Yes / No Internet : Yes / No

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To The Family Court, Salem.

V.M.VELUMANI,J.

C.R.P.(PD)No.1820 of 2017

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12.06.2017

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http://www.judis.nic.in

Swaminathan@Ravishankar v. Hemapriya

Case brief

What is this about?

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Swaminathan@Ravishankar v. Hemapriya

Case brief

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