[indexed case] Petitioner sought direction under Article 227 for speedy disposal of Family Court proceedings posted for exparte evidence. Held, petitioner must approach the court personally to be examined as a witness and cooperate, making external direction unnecessary. Petition dismissed.
Civil Revision Petition stands dismissed. No costs.
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C.R.P.(MD)No.608 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.03.2024
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN
C.R.P.(MD)No.608 of 2024
P.K.Bala Prasath ... Petitioner/Petitioner
Vs.
S.J.Brishma ... Respondent/Respondent
PRAYER : Civil Revision Petition is filed under Article 227 of Constitution of India, to direct the learned Family Court Judge, Kanniyakumari District at Nagercoil, to dispose of the petition in H.M.O.P.No.1112 of 2021, on the file of the Family Court, Kanniyakumari District at Nagercoil, within a period stipulated by this Court.
For Petitioner : Mr.N.Pragalanathan
ORDER
This civil revision petition has been filed seeking direction to learned Family Court Judge, Kanniyakumari District at Nagercoil, to dispose of the petition in H.M.O.P.No.1112 of 2021, on the file of the
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Family Court, Kanniyakumari District at Nagercoil, within a period stipulated by this Court.
2.The grievance of the petitioner the above said H.M.O.P. proceedings was filed in the year 2021. The respondent remained exparte and the case was posted for examination of exparte evidence. At that time, the respondent entered appearance and filed a petition to set aside the exparte order. It was allowed. Thereafter, the case was posted for enquiry. But, again the respondent remained absent and set exparte. Now the case is posted for exparte evidence on 23.02.2024. Hence, seeking direction for speedy disposal of the case, this petition has been filed.
3.Since the case is posted for exparte evidence, the petitioner has to approach the concerned Court and get himself examined as witness and co-operate with the concerned Court to dispose of the case. There is no question of direction from this Court at this stage.
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C.R.P.(MD)No.608 of 2024
4.With the above said observation, this civil revision petition
stands dismissed. No costs.
06.03.2024
Index : Yes / No Internet : Yes / No TM To
2.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P.(MD)No.608 of 2024
G.ILANGOVAN ,J.
TM
C.R.P.(MD)No.608 of 2024
06.03.2024
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2 issues framed by the court
Whether this Court can issue a direction to a Family Court to dispose of a pending petition exparte so that the petitioner is examined within a stipulated time?
Is it necessary for a petitioner to appear and cooperate with the lower court when the case is posted for exparte evidence?
2 provisions across 1 enactments
P.K. Bala Prasath
S.J. Brishma
G. ILANGOVAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
