In this Civil Revision Petition, the High Court directed the Family Court to dispose of a pending divorce matter within two months under Article 226 to curb long delays.
Direction to the III Additional Family Court, Chennai, to dispose of H.M.O.P. No. 2398 of 2014 within two months by conducting trial on a day-to-day basis.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.08.2017
C O R A M
THE HONOURABLE MR.JUSTICE M. GOVINDARAJ
C.R.P.(PD) NO.3030 OF 2017
AND CMP NO.14213 OF 2017
Sheshadri @ Shekhar @ Shekhar Nambi ... Petitioner
Vs.
Vaishnavi ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India seeking to direct the II Additional Family Court to expedite and conclude the trial in O.P.No.2398 of 2014 pending before III Additional Family Court, Chennai, within the time stipulated by this Court.
For Petitioner : Mr.V.Illenchezhian for M/s.K.M.Vijayan Associates
O R D E R
Aggrieved over the long pendency of the petition filed in
O.P.No.2398 of 2014, before the III Additional Family Court, Chennai, the
petitioner / husband is before this Court.
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in H.M.O.P.No.75 of 2013 and later, it was transferred to III Additional
Family Court, Chennai and renumbered as H.M.O.P.No.2398 of 2014. Even the respondent / wife has also filed counter stating her willingness to dissolve the marriage on certain conditions. In spite of the same, the matter is still pending, without any progress.
long pendency of the petition, without going into the merits of the case, a direction is issued to the III Additional Family Court, Chennai, to dispose of H.M.O.P.No.2398 of 2014, as expeditiously as possible, by conducting the trial, on day today basis, and in any event, not later than a period of two
months from the date of receipt of a copy of this order.
observation and direction. No costs. Consequently, connected civil
miscellaneous petition is closed.
22.08.2017
Note : Issue order copy on 23.08.2017 TK
To
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The III Additional Family Court Chennai.
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M.GOVINDARAJ, J.
TK
C.R.P.(PD) NO.3030 OF 2017
22.08.2017
1 issue framed by the court
Whether the Family Court should be directed to expedite the trial of the divorce petition pending with excessive delay?
1 provisions across 1 enactments
Sheshadri
Vaishnavi
M. GOVINDARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
