Disposed¶23

Nadesan v. Nill

Madras HC3 Jan 2025CRP(MD)/3270/2024

Case brief

AI extract

What is this about?

Expedite mutual consent divorce; HMOP.No.268 of 2024; Section 13(B)(1) Hindu Marriage Act, 1955; Article 227 Constitution of India; CRP(MD)No.3270 of 2024; Sub Court Devakkottai, Sivagangai District; six-month disposal direction; cooling period / second motion waiver raised by counsel citing an unnamed Apex Court judgment; Justice K. Govindarajan Thilakavadi; Madras High Court, Madurai Bench; dated 03.01.2025; no costs.

What did the court decide?

Direction to the learned Subordinate Judge, Devakkottai, Sivagangai District to dispose of HMOP.No.268 of 2024 within a period of six months from the date of receipt of a copy of the order, on merits and in accordance with law; no costs awarded. ¶23

Nadesan Vs Nill — Matrimonial and Divorce | Madras HC (2025)

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CRP(MD).No.3270 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 03.01.2025

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CORAM

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THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No. 3270 of 2024

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1.Nadesan 2.Umamaheswari

: Petitioners

Vs.

Nil

: Respondent

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Sub Court, Devakkottai, Sivagangai District to expedite the trial in HMOP.No.268 of 2024 on its file, within a time frame as may be fixed by this Court.

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For Petitioner : Mr. D. Rameshkumar

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ORDER

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This Civil Revision Petition has been filed seeking a direction to the

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the learned Subordinate Judge, Devakkottai, Sivagangai District to expedite the trial in HMOP.No.268 of 2024 pending on its file, within a time frame fixed by this Court.

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

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CRP(MD).No.3270 of 2024

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Heard the learned counsel appearing for the petitioner.

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The learned Counsel appearing for the revision petitioners would submit that the petitioners have filed a petition in HMOP.No.268 of 2024

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for mutual consent divorce under Section 13(B)(1) of Hindu Marriage Act, 1955 and the same has been adjourned to 03.06.2025. He would further submit that as per the Judgment of the Hon'ble Apex Court the second motion of cooling period can be waived of on certain complying statutory formalities and therefore, the said case may be disposed of within the time stipulated by this Court.

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Having been taken into consideration of the material facts and circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Subordinate Judge, Devakkottai, Sivagangai District, to dispose of the said HMOP.No.268 of 2024 as expeditiously as possible.

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Accordingly, this Civil Revision Petition is disposed of with a direction to the learned Subordinate Judge, Devakkottai, Sivagangai District, to dispose of the said HMOP.No.268 of 2024, pending on his file

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2/4 https://www.mhc.tn.gov.in/judis

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CRP(MD).No.3270 of 2024

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within a period of six months from the date of receipt of a copy of this order on merits and in accordance with law. No costs.

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03.01.2025

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Index : Yes / No Internet : Yes/ No trp To

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The Sub Court, Devakkottai, Sivagangai District