Civil Revision Petition under Article 226 praying to fix time for speedy trial. Court directed lower court to decide interim maintenance within one month and main divorce petition with stridhana claim within four months.
Directed lower court to decide interim maintenance within one month; main HMOP and stridhana claim within four months thereafter.
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C.R.P. (PD) No. 2903 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.11.2019
CORAM:
THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR
C.R.P. (PD) No. 2903 of 2019
Sri. T. Navaraj ... Petitioner
-Vs-
Smt. Indira Priyadarshini ... Respondent
Prayer : Petition filed under Article 227 of the Constitution of India to
fix the time for speedy trial in H.M.O.P. No. 94 of 2017 by the Principal
Sub-Judge Court at Chengalpet.
For Petitioner : T.V.G. Kartheeban
For Respondent : Mr. Manoj Sreevalsan
O R D E R
This Civil Revision Petition has been filed with a prayer seeking for a direction from this Court to fix the time frame for speedy trial of H.M.O.P. No. 94 of 2017 pending before the learned Principal SubJudge, Chengalpet.
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C.R.P. (PD) No. 2903 of 2019
the respondent / wife filed I.A. No. 69 of 2018 seeking direction to return the Stridhana properties.
HMOP has been kept pending from the year 2017, in order to give a quietus to the issue, an early disposal can be directed to the Lower Court.
for the respondent would submit that, before deciding HMOP, I.A. No. 17 of 2018, filed for interim maintenance can be decided, as without
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C.R.P. (PD) No. 2903 of 2019
interim maintenance the respondent / wife is suffering a lot, hence suitable direction to decide the IA may be given.
since I.A. No. 17 of 2018 has been filed by the respondent / wife to seek for interim maintenance during the pendency of HMOP, IA could be
decided on merits at the earliest.
can be decided within a time frame along with the I.A. No. 69 of 2018 filed by the respondent / wife, seeking direction to get back the Stridhana properties.
Civil Revision Petition with the following directions:
"(i) That the Court below / the learned Principal Sub Judge, Chengalpet, is hereby directed to take up I.A. No. 17 of 2018 filed in H.M.O.P. No. 94 of 2017 and decide the same on merits and in accordance with law within a period of one month from the date of receipt of a copy of this order.
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C.R.P. (PD) No. 2903 of 2019
vji
R. SURESH KUMAR, J.
(ii) Thereafter, the learned Judge can take up the main HMOP and decide the same on merits and in accordance with law as expeditiously as possible preferably within a period of four months thereafter along with the I.A. No. 69 of 2018 also to be decided with the main HMOP within
the said period."
The learned Principal Sub-Judge, Chengalpet.
C.R.P. (PD) No. 2903 of 2019
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3 issues framed by the court
Whether to direct the lower court to fix a time frame for deciding interim maintenance and main divorce petition with stridhana claim.
Whether to order speedy disposal of interim maintenance application within one month.
Whether to order disposal of main Hindu Marriage Petition along with stridhana claim within four months.
Sri. T. Navaraj
Smt. Indira Priyadarshini
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
