Disposed¶28

Kaleeshwaran v. Logeshwari

Madras HC20 Jan 2025CRP(MD)/72/2025

Case brief

AI extract

What is this about?

C.R.P(MD)No.72 of 2025; Article 227 Constitution of India; direction to expedite trial; H.M.O.P.No.891 of 2023; divorce; Family Judge Court Madurai / District Family Court Madurai; petitioner Kaleeshwaran through power agent Seetha; respondent Logeshwari never appeared; I.A.No.1672 of 2022 power agent permission; six months time limit; on merits and in accordance with law; no costs; Mrs. Justice K. Govindarajan Thilakavadi; disposed 20.01.2025; Madras High Court Madurai Bench.

What did the court decide?

Direction to the Family Judge Court, Madurai to expedite and complete the trial in H.M.O.P.No.891 of 2023 within six months from the date of receipt of a copy of this order, on merits and in accordance with law; no order as to costs. ¶28

Kaleeshwaran Vs Logeshwari — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether this Court should direct the Family Judge Court, Madurai to expedite the trial in H.M.O.P.No.891 of 2023 (divorce proceedings against respondent Logeshwari) within a time frame stipulated by this Court.

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Ratio / Principle

As the revision was filed solely for early disposal, the Court decided that no notice was necessary to the respondent and it could proceed on the petitioner's submission alone.

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Key takeaways

Taking into consideration the material facts and circumstances, the Court held that in the interest of justice a direction should be issued to the Family Judge Court, Madurai to expedite the trial of H.M.O.P.No.891 of 2023.ratio¶26
The Civil Revision Petition was disposed of with a direction to the Family Judge Court, Madurai to expedite and complete the trial in H.M.O.P.No.891 of 2023 within six months from the date of receipt of a copy of the order, on merits and in accordance with law, with no order as to costs.ratio¶28

Detailed headnote1 paragraphs

Civil Revision Petition (Article 227, Constitution of India) No.C.R.P(MD)72 of 2025, disposed on 20.01.2025 by Mrs. Justice K. Govindarajan Thilakavadi (single-member bench), Madurai Bench of Madras High Court. Petitioner Kaleeshwaran, acting through his power agent Seetha, sought a direction to the Family Judge Court, Madurai to expedite the divorce proceedings in H.M.O.P.No.891 of 2023 instituted against respondent Logeshwari, who had never appeared before the Court; I.A.No.1672 of 2022 had earlier been filed to permit conduct of the proceedings through a power agent. Holding that notice to the respondent was unnecessary as the revision sought only early disposal, the Court directed the trial to be expedited and completed within six months from the date of receipt of a copy of the order, on merits and in accordance with law; no order as to costs.

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C.R.P(MD)No.72 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.01.2025

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CORAM

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THE HON'BLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI

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C.R.P(MD)No.72 of 2025

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Kaleeshwaran, Represented through his power agent, Seetha.

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... Petitioner

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Vs.

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Logeshwari ... Respondent

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Hon'ble Family Judge Court, Madurai to expedite the trial in H.M.O.P.No.891 of 2023 on its file, within a time frame as may be fixed by this Court and pass such other or further orders as this Court.

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For Petitioner : Mr.K.Varshini

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

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C.R.P(MD)No.72 of 2025

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ORDER

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This Civil Revision Petition has been filed seeking a direction to expedite the trial in H.M.O.P.No.891 of 2023 pending on the file of the learned Family Judge Court, Madurai within a time stipulated by this Court.

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According to the revision petitioner, the revision petitioner filed H.M.O.P.No.891 of 2023 for divorce and I.A.No.1672 of 2022 was filed

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to permit the petitioner to appoint as a power agent of his son, namely, Kaleeshwaran to conduct the proceedings and also appear on his behalf on the file of the learned District Family Court, Madurai against the respondent herein. The respondent has never appeared before the Court at any point of time. Hence, the present Civil Revision Petition is filed for early disposal.

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3. Heard the learned counsel appearing for petitioner. Since the

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revision is filed for seeking early disposal, no notice is necessary to the respondent.

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

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C.R.P(MD)No.72 of 2025

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4. Having been taken into consideration of the material facts and

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circumstances, this Court is of the view that in the interest of justice, a direction may be issued to the learned Family Judge Court, Madurai, to expedite the trial as expeditiously as possible.

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5. Accordingly, this Civil Revision Petition stands disposed of

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with a direction to the learned Family Judge Court, Madurai to expedite the trial in H.M.O.P.No.891 of 2023 pending on his file, within a period of six (6) months from the date of receipt of a copy of this order on merits and in accordance with law. There shall be no order as to costs.

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20.01.2025

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NCC : Yes / No Index : Yes / No Internet : Yes BTR

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The Family Judge Court, Madurai.

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

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