Akila v. S.Anilkumar

Madras HC25 Feb 2025CRP(MD)/545/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench; C.R.P.(PD)(MD)No.545 of 2025; decided 25.02.2025 by R.Vijayakumar, J.; Article 227; prayer to expedite trial of divorce petition H.M.O.P.No.749 of 2023 before Family Court, Kanyakumari District at Nagercoil; respondent/husband not served; summons refused, private notice returned unclaimed; Court declined to fix time frame where service incomplete; petitioner to pursue remedy known to law; revision petition disposed of without costs; no precedent cited.

What did the court decide?

Since service of summons on the respondent had not been completed, this Court cannot issue any direction to the Family Court to dispose of the divorce petition. ¶23

Akila Vs S.Anilkumar — Writ and Judicial Review | Madras HC (2025)

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C.R.P.(PD)(MD)No.545 of 2025

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THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 25.02.2025

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CORAM

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THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P.(PD)(MD)No.545 of 2025

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Akila

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...Petitioner/Petitioner

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Vs.

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S.Anikumar ...Respondent/Respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, pleased to direct the Family Court, Kanyakumari District at Nagercoil to expedite the trial in H.M.O.P.No.749 of 2023 and dispose the petition as time frame fixed by this Court.

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For Petitioner : Mr.V.Sukumar

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ORDER

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The petitioner in H.M.O.P.No.749 of 2023, on the file of the Family

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Court, Kanyakumari District at Nagercoil, is the revision petitioner herein.

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2.The present revision petition had been filed seeking expeditious

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disposal of the above said divorce petition.

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

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C.R.P.(PD)(MD)No.545 of 2025

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3.A perusal of “B” diary extract indicates that so far, the respondent/husband has not been served.

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4.According to the learned Counsel appearing for the revision petitioner, the respondent has wantonly refused to receive the summon from the Court and the private notice has been returned as unclaimed.

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5.When the service has not yet been completed, this Court is not in a position to issue any direction to the Family Court to dispose of the divorce petition. It is for the petitioner to work out his remedy in the manner known to law.

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6.With the above said observations, this Civil Revision Petition stands

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disposed of. No costs.

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25.02.2025

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Internet:Yes/No Index:Yes/No RJR

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

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