IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.10.2017 CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR CRP(PD)No. 3667 of 2017 S.Venkatesan .. Petitioner Vs Vidhya Venkat .. Respondent
PRAYER: This Civil Revision Petition is filed under Article 227 of the Constitution of India, seeking to direct the learned II Additional Family Judge, Chennai to dispose the petition in H.M.O.P. No.4055 of 2016 within a time frame fixed by this Court.
For Petitioner : Mr. Kingston Jerold
O R D E R
This Civil Revision Petition is filed seeking to direct the learned II Additional Family Judge, Chennai to dispose the petition in H.M.O.P. No.4055 of 2016 within a time frame fixed by this Court.
2. The learned counsel for the Revision petitioner/ husband submitted that the revision petitioner filed a petition in H.M.O.P. No.49 of 2015 before the Family Court, Erode, praying to declare the marriage solemnised between the petitioner and the respondent as null and void. Subsequently, the respondent/ wife filed a petition in Tr. C.M.P No.249 of 2015 seeking to transfer the case to Chennai and also obtained an order of interim stay of the entire proceedings. The aforesaid Transfer Petition was allowed by this Court. Pursuant to the order passed by this Court, the petition in H.M.O.P.No.49 of 2015 filed by the revision petitioner was transferred to the II Additional Family Court, Chennai and the same was renumbered in H.M.O.P.No.4055 of 2016.
3. According to the learned counsel for the revision petitioner/husband, the respondent herein has filed a counter affidavit before the II Additional Family Court, Chennai. According to the petitioner/ husband, the H.M.O.P. was originally filed by him in the year 2015. Since the matter was transferred from Family Court, Erode to II Additional Family Court, Chennai, there is a delay of more than 2 years and therefore this Civil Revision Petition has been filed before this Court, praying to dispose of the H.M.O.P. at the earliest, within the time frame fixed by this Court.
4. Considering the submission of the learned counsel for the petitioner and the aforesaid facts that the original petition is pending for more than two years, the II Additional Family Court, Chennai is directed to dispose of the H.M.O.P.No.4055 of 2016, as expeditiously as possible, in accordance with law.
5. The Civil Revision Petition is disposed of, with the above observation. No Cost.
03.10.2017 Index: Yes/ No To
1. The II Additional Family Judge, Chennai.
2. The Family Court, Erode.
D. KRISHNAKUMAR J., avr/ dm
CRP (PD) No. 3667 of 2017
03.10.2017