Civil Revision Petition filed under Article 227 regarding the pendency of an Original Petition for nullity of marriage. The Hon'ble Court directed the Family Court to dispose of the matter on merits within three months without expressing an opinion on merits.
Direction to lower court to dispose of the Original Petition within three months and report back.
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 : 14.03.2017
CORAM
THE HONOURABLE THIRU JUSTICE M. DURAISWAMY
C.R.P.(PD)No.778 of 2016 &
CMP No.4306 of 2016
J.Mariayyah ... Petitioner
vs.
Elizebeth Rani ... Respondent
Civil Revision Petition filed under Article 227 of the Constitution of
India, against the fair and final order dated 15.02.2016 made in O.P.No.4834 of 2013 on the file of Learned II Additional Judge, Family
Court, Chennai.
For Petitioner : Mr.T.S.Rajmohan
For Respondent : Mrs.P.Lakshmi Narasimhan
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O R D E R
The petitioner, who is the husband of the respondent, has filed the above Civil Revision Petition to direct the II Additional Judge, Family Court, Chennai to dispose of the Original Petition in O.P.No.4834 of 2013 within a time frame.
for nullity of marriage. The respondent-wife filed her counter and is contesting the matter.
view of the long pendency of the matter, the petitioner is put to hardship and prejudice. Further, the learned counsel submitted that the trial of the matter has already commenced in the year 2015 and till date it has not reached the finality.
petitioner, the learned counsel appearing for the respondent submitted that the respondent should be given full opportunity to cross examine the
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petitioner's witnesses.
opportunity to all the parties. However, that cannot be used as a ground for getting adjournment and dragging on the mater for an indefinite period.
With this observation, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Index : Yes/No Note : Issue copy of the order by 17.03.2017 Rj To The II Additional Judge, Family Court, Chennai
14.03.2017
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M. DURAISWAMY,J.,
Rj
C.R.P.(PD)No.778 of 2016 & CMP No.4306 of 2016
14.03.2017
1 issue framed by the court
Whether to direct the Family Court to dispose of the pending Original Petition for nullity of marriage within three months due to long pendency.
2 provisions across 1 enactments
J. Mariayyah
Elizebeth Rani
M. Duraismwamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
