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Madras High Court

Michale Norbert vs Michale Jenifer on 3 August, 2018

Author: M.V.Muralidaran

Bench: M.V.Muralidaran

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 03.08.2018  

CORAM   

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN             

C.R.P.(PD)(MD)No.1656 of 2018  


Michale Norbert                 ...Petitioner/Petitioner     

Vs.

Michale Jenifer                 ...Respondent/Respondent  

                                
Prayer: Civil Revision Petition is filed under Article 227 of the
Constitution of India, to expedite the trial in IDOP No.13 of 2018 on the
file of the Principal District Judge, Thoothukudi within stipulated time as
may be fixed by this Court.

!For Petitioner :  Mr.M.M.Manivel Pandian 

^For Respondents        :

:ORDER  

This Civil Revision Petition is filed for a direction to expedite the trial in IDOP No.13 of 2018 on the file of the Principal District Judge, Thoothukudi within the stipulated time.

2.The petitioner has filed an application before the Principal District Judge, Thoothukudi, for divorce, against the respondent. The said IDOP has been filed in the year 2018 and the same is pending without any further proceedings. Therefore, the petitioner has approached this Court by invoking the jurisdiction under Article 227 of the Constitution of India, seeking for a direction to the Principal District Judge, Thoothukudi, to dispose of the IDOP No.13 of 2018, within a particular period.

3. Heard the learned counsel for the petitioner and perused the materials placed before this Court.

4.The IDOP No.13 of 2018 has been filed in the year 2018 and it was continuously adjourned. It is seen from the 'B' dairy extract, which clearly shows that the matter has been adjourned for filing counter.

5. Since the petitioner has sought for a limited prayer for early disposal of the IDOP, no notice is necessary to the respondent, which would cause no prejudice anyway to the respondent. It is an admitted fact that the IDOP is pending without any further proceedings, but, the Principal District Judge, Thoothukudi, has not taken any action to dispose of the IDOP, which is pending without any progress. Therefore, I am inclined to pass the following order:

The Principal District Judge, Thoothukudi, is directed to dispose of the petition in IDOP No.13 of 2018 within a period of six months from the date of receipt of a copy of this order, on day?to-day basis without giving any adjournment to either parties. The parties are also directed to give their fullest co-operation for early disposal of the IDOP, within the time limit fixed by this Court for passing orders. The Principal District Judge, Thoothukudi, is directed to file a compliance report before this Court within a period of ten days after passing orders in the petition in IDOP No.13 of 2018.

6. The Civil Revision Petition is disposed of, with the above directions. No costs.

To

1.The Principal District Judge, Thoothukudi.

2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

.