At, High Court of Judicature at Madras
By, THE HONOURABLE MS. JUSTICE R.N. MANJULA
For the Petitioner: K. Karthikeyan, Advocate. For the Respondent: ------
(Prayer in C.R.P.(PD).No.2627 of 2022: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the trial Court to dispose the FCOP No.30 of 2020 pending on the file of the Family Court, Erode.
C.R.P.(PD).No.2628 of 2022: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the trial Court to dispose the FCOP No.415 of 2019 pending on the file of the Family Court, Erode.
These Civil Revision Petitions have been filed for a direction for speedy disposal of the original petitions pending in F.C.No.415 of 2019 and F.C.No.30 of 2020 on the file of the Family Court, Erode.
2. The revision petitioner in both the petitions is the wife. FCOP.No.415 of 2019 was filed by the respondent/husband for restitution of conjugal rights and whereas FCOP.No.30 of 2020 was filed by the revision petitioner/wife against the respondent for divorce.
3. Heard the learned counsel for the petitioner and perused the materials available on record.
4. The learned counsel for the petitioner submitted that the case is being adjourned several times without any progress and it causes stress on the mind of the parties. He further submitted that in both the cases counter has already been filed and the matter only stands for enquiry.
5. The E-Court adjudication details of the case would show that the cases have been adjourned for several hearings for the purpose of filing counter and thereafter it has reached the stage of enquiry and then for evidence. However the petitioner who has filed the revision petition seems to have filed interlocutory application seeking for interim maintenance. Unless the said petition is disposed, the main proceedings cannot be taken up for enquiry. Since the revision petitioner is the petitioner who has filed the Interlocutory Application for interim maintenance, it is open to the revision petitioner either to proceed with Interlocutory Application or not to press it in order to enable the Court to take the main proceedings itself. However, it is understandable that due to pandemic and resultant lock down the Courts could not function effectively. Since normalcy restored now, I feel it appropriate to impress upon the learned trial Judge to dispose of both FCOP Nos.415 of 2019 and 30 of 2020 as expeditiously as possible.
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6. Accordingly, these Civil Revision Petitions are disposed of and the learned Family Court Judge, Erode is directed to dispose of both FCOP Nos.415 of 2019 and 30 of 2020 as expeditiously as possible. No Costs. Consequently, connected Miscellaneous Petition is closed.