Dismissed

N. Ramanathan v. Divya

Madras HC12 Apr 2024CRP/1510/2024

Case brief

AI extract

What is this about?

Husband sought direction to Family Court to expedite disposal of his restitution of conjugal rights petition and wife's divorce petition, pending five years. Court directed disposal within nine months, noting time would not benefit the husband if he delayed proceedings.

What did the court decide?

Direction to VII Additional Family Court, Chennai to dispose of both matrimonial proceedings within nine months.

N. Ramanathan Vs Divya — Matrimonial and Divorce | Madras HC (2024)

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C.R.P.(PD).No.1510 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.04.2024

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Coram

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THE HON'BLE MR JUSTICE V. LAKSHMINARAYANAN

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C.R.P.(PD).No.1510 of 2024

N.Ramanathan

... Petitioner

-Versus-

R.Divya ... Respondent

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Civil Revision Petition under Article 227 of the Constitution of India to direct the VII Additional Family Court, Chennai to dispose of HMOP.No.4011 of 2019 within a time frame fixed by this Court.

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For Petitioner : Mrs.P.Abirami

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ORDER

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There are two matters pending before the VII Additional Family Court at

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Chennai. HMOP.No.4011 of 2019 has been filed by the husband seeking restitution of conjugal rights. The wife, in turn, has presented HMOP.No.2645 of 2021 seeking divorce.

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It is the case of the petitioner that he is ready to proceed with the

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matter and has been awaiting cross-examination by the respondent/wife in his HMOP. He would state that he is also willing to cross-examine the wife since

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https://www.mhc.tn.gov.in/judis 1 of 4

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C.R.P.(PD).No.1510 of 2024

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she has already filed a proof affidavit in HMOP.No.2645 of 2021 on 04.03.2023.

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Learned counsel for the petitioner submits that on the next date of hearing, she will be ready to cross-examine the respondent in both proceedings.

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Considering the fact that the parties have been litigating for over five years, I am inclined to direct the VII Additional Family Court, Chennai to dispose of the proceedings within a period of nine months from the date of receipt of a copy of this order.

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In case, the learned VII Additional Family Court, Chennai feels that the husband is trying to drag on the proceedings, the time fixed under this order will not enure in favour of the husband.

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With the above direction, this civil revision petition is dismissed. No

costs.

12.04.2024

Index : yes / no Neutral Citation : yes / no Speaking / Non Speaking Order

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https://www.mhc.tn.gov.in/judis

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2 of 4

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C.R.P.(PD).No.1510 of 2024

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The VII Additional Family Court, Chennai

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https://www.mhc.tn.gov.in/judis 3 of 4

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C.R.P.(PD).No.1510 of 2024

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V.LAKSHMINARAYANAN, J.

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C.R.P.(PD).No.1510 of 2024

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12.04.2024

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https://www.mhc.tn.gov.in/judis 4 of 4

N. Ramanathan v. Divya

Case brief

What is this about?

What did the court decide?

N. Ramanathan v. Divya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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