Madras High Court
S.Menaka vs K.S.K.Nepolian Socraties on 14 March, 2023
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
C.R.P.No.487 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2023
CORAM:
The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
C.R.P.No.487 of 2023
and C.M.P.No.3972 of 2023
S.Menaka ...Petitioner
-Vs-
K.S.K.Nepolian Socraties ...Respondent
Prayer:- Civil Revision Petition filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order dated
20.01.2023 in Tr.O.P.No.4865 of 2022 on the file of the Principal Judge at
Family Court, Chennai in O.P.No.4812 of 2019 on the file of the V
Additional Family Court, Chennai.
For Petitioner : Mr.D.S.Rajasekaran
for Mr.G.Mohana Krishnan
For Respondent : Mr.Mr.Mukunth
Senior Counsel
for Mr.R.Marudhachalamurthy
https://www.mhc.tn.gov.in/judis
1/12
C.R.P.No.487 of 2023
ORDER
This Civil Revision Petition came up for hearing on 10.03.2023. After hearing both parties, the Petition was dismissed on the same day, on 10.03.2023.
2.On 13.03.2023, the learned Revision Petitioner sought to mention it. Therefore, Registry was directed to post this case with the caption “For Being Mentioned” on 14.03.2023.
3.Accordingly, today, 14.03.2023 the case came up for hearing.
4.The Revision Petitioner (Wife) is the Respondent in O.P.No.4812 of 2019 before the learned V Additional Judge, Family Court, Chennai. The learned Counsel for the Revision Petitioner submitted that already the Wife had filed I.A.No.6 of 2022 seeking permission to produce additional document; I.A.No.2 of 2021 seeking return of Gold and Silver Ornaments and I.A.No.5 of 2021 seeking permanent alimony. The learned Counsel further contended that before proceeding with the disposal of O.P.No.4812 https://www.mhc.tn.gov.in/judis 2/12 C.R.P.No.487 of 2023 of 2019, the learned V Additional Judge, Family Court, Chennai shall be directed to dispose of these Interim Applications. Accordingly, the learned V Additional Judge, Family Court, Chennai, is directed to dispose of these Interim Applications.
5.The learned Counsel for the Respondent submits that I.A.No.6 of 2022 has a bearing on the OP.No.4812 of 2019 . Therefore, the same may be taken up for an early enquiry. Regarding Gold and Silver Ornaments in I.A.No.2 of 2021 and I.A.No.5 of 2021 for permanent alimony, enquiry can be taken up simultaneously, along with O.P.No.4812 of 2019.
6.The learned V Additional Judge, Family Court, Chennai is directed to take up enquiry in I.A.No.6 of 2022 regarding permission sought by the Wife to file an additional document and also to consider the request of both parties regarding disposal of I.A.Nos.2 and 5 of 2021 before passing orders in O.P.No.4812 of 2019.
https://www.mhc.tn.gov.in/judis 3/12 C.R.P.No.487 of 2023
7.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
14.03.2023 cda Index : Yes/No Speaking/Non-speaking order https://www.mhc.tn.gov.in/judis 4/12 C.R.P.No.487 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:10.03.2023 CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP C.R.P.No.487 of 2023 and C.M.P.No.3972 of 2023 S.Menaka ...Petitioner Versus K.S.K.Nepolian Socraties ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 20.01.2023 in Tr.O.P.No.4865 of 2022 on the file of the Principal Judge at Family Court, Chennai in O.P.No.4812 of 2019 on the file of the V Additional Family Court, Chennai.
For Petitioner : Mr.D.S.Rajasekaran
for Mr.G.Mohana Krishnan
For Respondent : Mr.S.Mukunth
Senior Counsel
for Mr.R.Marudhachalmurthy
O R D E R
The Civil Revision Petition has been filed to set aside the https://www.mhc.tn.gov.in/judis 5/12 C.R.P.No.487 of 2023 order dated 20.01.2023 in Tr.O.P.No.4865 of 2022 on the file of the Principal Judge , Family Court, Chennai in O.P.No.4812 of 2019 on the file of the V Additional Family Court, Chennai.
2. The learned Counsel for the Revision Petitioner would submit that wife in H.M.O.P has filed the Transfer Petition in Tr.O.P.No.4865 of 2022 before the learned Principal Family Judge,Family Court, Chennai seeking withdrawal of the O.P.No.4812 of 2019 filed by the Respondent which is pending on the file of the learned V Additional Family Court, Chennai to anyother Family Court, Chennai. After hearing both parties, the learned Judge, Principal Family Court, Chennai had dismissed the Tr.O.P.No.4865 of 2022. Aggrieved by the same, the present petition has been filed by the wife, who is the Petitioner in Tr.O.P.No.4865 of 2022 on the file of the learned Principal Judge, Family Court, Chennai. It is the contention of the learned Counsel for the Revision Petitioner that when the Petitioner/wife has been cross-examined, the learned Judge of the Trial Court prevented her from deposing freely by restricted her to say to the questions in cross-
examination “yes” or “no” Further, it is the contention of the learned Counsel for the Revision Petitioner that on the date of hearing, the https://www.mhc.tn.gov.in/judis 6/12 C.R.P.No.487 of 2023 Petitioner's husband and his Counsel has not appeared before the Court, the learned Judge had passed over the matter several times and thereby, making the Petitioner and her Counsel to wait till evening. Therefore, she has filed a petition in Tr.O.P.No.4865 of 2022 seeking withdrawal of the case from the file of the learned V Additional Judge, Family Court, Chennai to any other Additional Judge, Family Court, Chennai and the same was dismissed.
3. The learned Senior Counsel for the Respondent would submit that there is no allegation of bias against the learned Judge concerned. That being the case, the learned Principal Judge had dismissed the Tr.O.P No.4865 of 2022 by observing that “the Petitioner has not alleged against the Presiding Officer and admit herself he was taken effort to dispose the case. This Court does not find any merit to transfer the case. Hence, this Court dismissed the petition”.
The learned Senior Counsel for the Respondent would submit that in the Affidavit of Tr.O.P, the Petitioner herein has stated that the learned Judge is over burdened with several cases. The learned Senior Counsel https://www.mhc.tn.gov.in/judis 7/12 C.R.P.No.487 of 2023 vehemently objects to the submission made by the learned Counsel for the Petitioner that the learned Judge is overburdened cannot be a ground to seek withdrawal of the case. He would further submit that the case is at the stage of cross-examination of R.W.1. Therefore, the petition itself is not maintainable. Hence, the present petition is liable to be dismissed. In support of his contentions, the learned Senior Counsel has also relied upon the order of the Hon'ble Supreme Court in Transfer Petition Nos.2331 to 2334 of 2021 in the case of Anupam Gosh and another Vs Faiz Mohammed and others. The learned Senior Counsel also relied upon a judgment reported in 2022 LiveLaw (AB) 517 in the case of Hari Singh Vs Shyam Bihari and 20 others which is extracted hereunder:-
“Every litigant, whose case is called on for hearing, expects an order in his favour. However, if the Court passes an adverse order, the litigant has no right to malign the Judge with irresponsible and frivolous allegations”.
4. In the light of the above discuss, the learned Senior Counsel for the Respondent seeks to dismiss the petition with a direction to the Trial Court to proceed with the case. To the query of this Court to both side Counsels whether any direction given to the learned V Additional Judge to https://www.mhc.tn.gov.in/judis 8/12 C.R.P.No.487 of 2023 dispose of the case, the learned Counsel for the Petitioner herein submitted that there was a direction to conclude the trial at the earliest but, at any rate not later than 31.07.2022 and the same has already expired.
5. In view of the above, this Court is of the view that it is for the learned Judge to seek extension of time if there is already a direction to dispose of the case within a time frame. Therefore, the ground of bias alleged by the Petitioner cannot be sustained.
6. Accordingly, this Civil Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed.
10.03.2023 Index: Yes/ No Speaking Order / Non-Speaking Order nr https://www.mhc.tn.gov.in/judis 9/12 C.R.P.No.487 of 2023 SATHI KUMAR SUKUMARA KURUP, J.
nr C.R.P.No.487 of 2023 and C.M.P.No.3972 of 2023 10.03.2023 https://www.mhc.tn.gov.in/judis 10/12 C.R.P.No.487 of 2023 To The V Additional Judge, Family Court, Chennai.
https://www.mhc.tn.gov.in/judis 11/12 C.R.P.No.487 of 2023 SATHI KUMAR SUKUMARA KURUP, J., cda C.R.P.No.487 of 2023 14.03.2023 https://www.mhc.tn.gov.in/judis 12/12