Disposed

Mr.B.Gulgresh v. Mrs.Gayathri Devi

Madras HC13 Mar 2017CRP/3817/2016

Case brief

AI extract

What is this about?

High Court directed the III Additional Family Court, Chennai, to dispose of a pending divorce petition within four months. The court noted the petitioner's complaint of long pendency and the respondent's conditional agreement, avoiding an expression of opinion on the case merits.

What did the court decide?

Direction to the III Additional Judge, Family Court, Chennai, to dispose of the original petition within four months from the date of receipt of this order.

Mr.B.Gulgresh Vs Mrs.Gayathri Devi — Matrimonial and Divorce | Madras HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 13.03.2017 Coram

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The Hon'ble Mr.Justice M.DURAISWAMY

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CRP.(PD)NO.3817 of 2016

B.Gulgresh

...Petitioner

Gayathri Devi

... Respondent

Civil Revision Petition filed under Section 227 of the Constitution of India to direct the III Additional Family Court to dispose of H.M.O.P.No.4681 of 2014 pending on its file expeditiously.

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For Petitioner : Mr.B.Narayanan

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For Respondent : Mr.A.Rajesh Kannan

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O R D E R

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The petitioner, who is the husband of the

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respondent, has filed this Civil Revision Petition, to direct the

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III Additional Family Court, to dispose of Original Petition in

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H.M.O.P.H.M.O.P.No.4681 of 2014, within a time frame.

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The learned counsel appearing for the petitioner submitted that the petitioner filed H.M.O.P. for divorce on the ground of cruelty. Further, it has been represented that the respondent has filed her counter and is contesting the Original Petition. The learned counsel has also submitted that due to the long pendency of the matter, the petitioner is put to hardship and prejudice.

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The learned counsel appearing for the respondent has no objection for giving a direction to the Family Court, for disposing of the Original Petition within a time frame. That apart, the learned counsel also submitted that the petitioner has not paid the arrears of maintenance as ordered by the Family Court till today.

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Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing

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any opinion with regard to the merits of the case, I direct the

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III Additional Judge, Family Court, Chennai, to dispose of the Original Petition in H.M.O.P.No.4681 of 2014, on merits and in accordance with law, within a period of four months from the date of receipt of a copy of this order.

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With regard to payment of maintenance, it is open to

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the respondent/wife to initiate appropriate proceedings for recovery of arrears of maintenance.

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The Civil Revision Petition is ordered accordingly. No

costs.

13.03.2017

Issue the order copy on 15.03.2017

M.DURAISWAMY,J

CRP.(PD)No.3817 of 2016

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13.03.2017

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http://www.judis.nic.in

Mr.B.Gulgresh v. Mrs.Gayathri Devi

Case brief

What is this about?

What did the court decide?

Mr.B.Gulgresh v. Mrs.Gayathri Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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