Madras High Court
Suyambulingam vs Sathya Bhama on 19 November, 2014
Author: M.Duraiswamy
Bench: M.Duraiswamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2014 CORAM THE HONOURABLE MR.JUSTICE M.DURAISWAMY C.R.P.(MD)(PD).No.2355 of 2014 Suyambulingam ... Petitioner/Petitioner/Petitioner Vs. Sathya Bhama ... Respondent/Respondent/Respondent Prayer Civil Revision Petition has been filed under Article 227 of the Constitution of India to direct the I Additional Subordinate Court, Nagercoil for expeditiously dispose the petition and pass order in I.A.No.181 of 2010 in H.M.O.P.No.84 of 2009 pending on the file of the I Additional Subordinate Court, Nagercoil in accordance with law within the stipulated time. !For Petitioner : Mr.R.Alagumani :ORDER
The petitioner in H.M.O.P.No.84 of 2009, on the file of the I Additional Subordinate Court, Nagercoil, has filed the above Civil Revision Petition to direct the trial Court to dispose of the application in I.A.No.181 of 2010 in O.S.No.84 of 2009 within a stipulated time.
2. Heard the learned Counsel for the petitioner.
3. The learned Counsel for the petitioner submitted that the petitioner is the husband of the respondent and he has filed H.M.O.P.No.84 of 2009 on the file of the I Additional Subordinate Court, Nagercoil seeking for divorce on the ground of cruelty and adultery and in that petition, he filed an application in I.A.No.181 of 2010 for conducting DNA test for the male child born to the respondent. He further submitted that though the application is pending since 2010, the trial Court has not disposed of the application yet.
4. Having regard to the submissions made by the learned Counsel for the petitioner and also taking into consideration the limited prayer sought for in this Civil Revision Petition, without expressing any opinion with regard to the merits of the case, I direct the I Additional Subordinate Judge, Nagercoil, to dispose of the application in I.A.No.181 of 2010 in O.S.No.84 of 2009 on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.
5. With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs.
To The I Additional Subordinate Court, Nagercoil.