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R.Megaladevi v. v.Sridhar

Madras HC26 Feb 2025CRP/753/2025

Case brief

AI extract

What is this about?

Interim maintenance; Article 227 superintending jurisdiction; expeditious/time-bound disposal of interlocutory application; Principal Family Court Coimbatore; HMOP divorce on cruelty and desertion; husband's delay in filing counter; hardship to wife and minor child; stay of main divorce proceedings till maintenance disposal; Civil Revision Petition Madras High Court 2025; P.T. Asha J.

What did the court decide?

Direction to the Principal Family Judge, Coimbatore to dispose of I.A.No.2 of 2022 in HMOP.No.1771 of 2018 and pass orders within three weeks from receipt of copy of the order; the main HMOP (printed as HMOP.No.1717 of 2018 in the stay clause) not to be proceeded with till disposal of the I.A.; no costs; connected miscellaneous petition (CMP.No.4294 of 2025) closed. ¶33

R.Megaladevi Vs v.Sridhar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court, exercising its superintending jurisdiction under Article 227 of the Constitution of India, should direct earlier/expeditious disposal of I.A.No.2 of 2022 (interim maintenance) pending in HMOP.No.1771 of 2018 before the Principal Family Court, Coimbatore. +1 more

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Court's answer

A direction is issued to the Principal Family Judge, Coimbatore to dispose of I.A.No.2 of 2022 in HMOP.No.1771 of 2018 and pass orders within a period of three weeks from the date of receipt of copy of the order.

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Ratio / Principle

The husband, who is duty bound to maintain his wife and children, has failed to do so, and by directing the Interlocutory Application to be heard along with the main HMOP the learned Judge caused grave hardship to the petitioner, who is also burdened with the care and custody of the minor child.

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Key takeaways

Till the disposal of I.A.No.2 of 2022, the main HMOP shall not be proceeded with.ratio¶28
With the above direction, the Civil Revision Petition is allowed with no costs, and the connected miscellaneous petition is closed.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (P.T. Asha, J.) allowed a Civil Revision Petition under Article 227 of the Constitution of India filed by a wife and her 5-year-old minor daughter (represented by the mother) seeking early disposal of I.A.No.2 of 2022 in HMOP.No.1771 of 2018, an application for interim maintenance of Rs.20,000/- and litigation expenses of Rs.15,000/- pending before the Principal Family Court, Coimbatore, in a divorce petition filed by the husband in 2018 on grounds of cruelty and desertion. The notes of proceedings showed the husband took time for filing his counter from 17.12.2022 till 14.03.2023, filed it only on 26.04.2023, completed his arguments, and on 16.10.2024 the Family Court suo motu directed the part-heard application to be taken up along with the main HMOP. Holding that the husband, duty bound to maintain his wife and children, had failed to do so and that hearing the Interlocutory Application along with the main HMOP caused grave hardship to the petitioner burdened with the care and custody of the minor child, the Court directed the Principal Family Judge, Coimbatore to dispose of I.A.No.2 of 2022 and pass orders within three weeks from receipt of copy of the order, and directed that the main HMOP shall not be proceeded with till the disposal of the I.A. No costs; connected CMP.No.4294 of 2025 closed.

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CRP .No.753 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 26.02.2025

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CORAM

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THE HONOURABLE MR. JUSTICE P.T.ASHA

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CRP .No.753 of 2025 & CMP.No.4294 of 2025

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R. Megaladevi

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S.Vipnasree (Minor) aged 5 years, represented by her mother R.Megaladevi .. Petitioners

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V.Sridhar ... Respondent

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Prayer: Civil Revision Petition filed under section 227 of Constitution of India praying to direct the Principal Family Court Judge at Coimbatore to dispose off the Interlocutory Application viz., I.A.No.2 of 2022 in HMOP.No.1771 of 2018 expeditiously in a time framed manner.

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For Petitioner : Mr. Thanga Vadhana Balakrishnan

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ORDER

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The petitioner/wife and her minor child have moved this

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Revision seeking an earlier disposal of their petition seeking maintenance in I.A.No.2 of 2022 in HMOP.No.7117 of 2018 on the file of the Principal

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

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CRP .No.753 of 2025

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Family Court, Coimbatore.

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The respondent/husband has filed the HMOP.No. No.1771 of 2018 seeking divorce on the ground of cruelty and desertion. The HMOP was filed in year 2018. The petitioner herein has filed a detailed counter statement to the HMOP.

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3.Pending HMOP, the petitioner has filed I.A.No.2 of 2022 seeking an interim maintenance of a sum of Rs.20,000/- to the petitioner and Rs.15,000/- as litigation expenses. The respondent/husband has been taking time for filing his counter from December 2022, but had not filed the same till 26.04.2023. Thereafter the matter was adjourned for enquiry on 20.05.2023, 01.10.2024.

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4.On 16.10.2024, the learned Judge suo-motto held that since the

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main petition was pending for over six years, this petition can be heard along with the main OP and has been adjourning the application. Therefore, the petitioner has invoked the superintending jurisdiction of this Court under Article 227 of the Constitution of India for an earlier disposal of the said I.A.

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

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CRP .No.753 of 2025

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5.A perusal of the notes of proceedings would clearly show that

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from 17.12.2022 till 14.03.2023, the respondent has been taking time for filing his counter. Ultimately, his counter was filed on 26.04.2023 and thereafter, the matter was posted for arguments and the respondent had completed his arguments and the matter was posted for the petitioner's arguments on 16.10.2024. On 16.10.2024, while appreciating the fact that the matter has argued in part, the Principal Family Judge, Coimbatore directed the matter to be taken up along with the main HMOP. The husband who is duty bound to maintain his wife and children has failed to do so. By directing the Interlocutory Application to be heard along with the main HMOP, the learned Judge has caused grave hardship to the petitioner who is also burdened with the care and custody of the minor child. Therefore, considering the above, a direction is issued to the Principal Family Judge, Coimbatore to dispose of I.A.No.2 of 2022 in HMOP.No.1771 of 2018 and pass orders within a period of three weeks from the date of receipt of copy of this order. Till the disposal of I.A.No.2 of 2022, HMOP.No.1717 of 2018 shall not be proceeded with.

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

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CRP .No.753 of 2025

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