The High Court of Madras, on a Civil Revision Petition filed under Article 226, directed the Sub-Judge of Ulundurpet to dispose of a pending matrimonial petition within three months, noting an eight-year delay.
Direction to the Sub-Judge, Ulundurpet to dispose of H.M.O.P.No.4 of 2017 as expeditiously as possible, preferably within three months.
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.
C.R.P.(P.D).No.1242 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN
C.R.P.(PD) No.1242 of 2021
Kamalchand ...Petitioner
Vs.
Payalkumari @ Sushmitha ...Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to issue direction to the learned Sub Judge, Ulundurpet,
to dispose of H.M.O.P.No.4 of 2017 (Transferred H.M.O.P.No.177 of 2013-
learned Sub Court, Villupuram) within a time frame fixed, by allowing this
Civil Revision Petition.
For Petitioner : Mr.N.Manokaran For Respondent : Mr.B.Jawahar
ORDER
This Civil Revision Petition is filed, to issue direction to the
learned Sub Judge, Ulundurpet, to dispose of the H.M.O.P.No.4 of 2017 (Transferred H.M.O.P.No.177 of 2013-learned Sub Court, Villupuram)
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C.R.P.(P.D).No.1242 of 2021
within a time frame.
2.The learned counsel for the petitioner would submit that the H.M.O.P.No.4 of 2017 was filed by the respondent - Husband under Section
13(1) (ia) of the Hindu Marriage Act, 1955, for divorce.
3.This petition was originally filed before the Principal Sub-Judge, Villupuram, and taken on file as H.M.O.P.No.177 of 2013 and now it is pending before the Sub-Judge, Ulundurpet in H.M.O.P.No.4 of 2017.
4.This Court by order dated 02.07.2021 directed the learned SubJudge, Ulundurpet, to inform the outer time line within which he would be in a position to dispose of the case. Accordingly, report has been received from the learned Sub-Judge, Ulundurpet, stating that he will be in a position to dispose of the main petition within a period of three months from the date of receipt of the order of this Court, provided both the parties co-operate for early disposal.
5.The learned counsel for the respondent appeared through video conference and he also submitted that a time scale may be fixed for the early disposal of the H.M.O.P.No.4 of 2017.
6.As seen from the facts narrated above, the H.M.O.P.No.4 of
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2017 was originally filed in the year 2013 and it is pending for almost eight
years. So far only one witness had been examined on the side of the petitioner herein and the case stands posted for petitioner side further evidence.
7.Taking note of the fact that the H.M.O.P.No.4 of 2017 was originally filed in the year 2013 and the submission made by the learned counsel for both the parties and that they expressed their willingness to cooperate for early disposal, this Court is inclined to direct the learned SubJudge, Ulundurpet, to dispose of the case at the earliest.
8.Accordingly, the learned Sub-Judge, Ulundurpet is directed to
dispose of the H.M.O.P.No.4 of 2017 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.
9.In the result, this Civil Revision Petition is disposed of. There is
no order as to costs.
09.08.2021
Jer Index:Yes/No
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C.R.P.(P.D).No.1242 of 2021
Internet:Yes/No Speaking Order: Yes/No
G.CHANDRASEKHARAN.J,
Jer
To
The Sub-Judge, Ulundurpet.
C.R.P.(PD) No.1242 of 2021
09.08.2021
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1 issue framed by the court
Whether the High Court can issue a direction under Article 226 to a subordinate court to dispose of a pending matrimonial matter within a fixed time.
1 provisions across 1 enactments
Kamalchand
Payalkumari @ Sushmitha
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
