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Madras High Court

A.Sendurkani @ Jesukani vs Arulraj on 16 August, 2019

Author: S.S. Sundar

Bench: S.S. Sundar

                                                                         C.R.P.(NPD)(MD).No.1366 of 2011

                               BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                    DATED: 16.08.2019

                                                            CORAM:

                                     THE HONOURABLE MR.JUSTICE S.S. SUNDAR

                                             C.R.P.(NPD)(MD).No.1366 of 2011
                                                and M.P.(MD).No.1 of 2011

                 A.Sendurkani @ Jesukani                                 .. Petitioner/Petitioner

                                                               Vs.

                 Arulraj                                                 .. Respondent/Respondent


                 Prayer: Civil Revision Petition filed under Article 227 of the Constitution

                 of       India,   against   the   docket    order,   dated   12.11.2010   passed     in

                 unnumbered I.A.No.Sr.7084 of 2010 in G.W.O.P.No.24 of 2010 on the file

                 of the Principal District Judge, Thoothukudi.

                               For Petitioner       : Mr.A.Thiruvadikumar

                               For Respondent       : Mr.Ananth C.Rajesh

                                                            ORDER

This civil revision petition is directed against the return of unnumbered interlocutory application filed by the revision petitioner in G.W.O.P.No.24 of 2010 on the file of the Principal District Court, Tuticorin.

2.The unnumbered interlocutory application is filed by the revision petitioner to impose fine on the respondent and to detain him in civil prison until he produce the minor children and hand over them to the petitioner. http://www.judis.nic.in 1/4 C.R.P.(NPD)(MD).No.1366 of 2011 The said application was returned by raising objection to the maintainability of the petition.

3.During the course of hearing, it is admitted by the learned counsel appearing for the petitioner that three of the minor children became major and the petitioner is now only find two minor children. Learned counsel appearing for the petitioner reports that he is unable to contact his client, when he made attempts to get instructions as to the subsequent events and stage of the proceedings. The petitioner is not interested in getting the custody of minor children after this length of time.

4.The interlocutory application is only to compel the custody of minor children as per the interim order passed in the course of proceedings in G.W.O.P.No.24 of 2010. Hence, this Court, in order to render substantial justice between the parties, directs the Principal District Judge, Tuticorin, to dispose of the G.W.O.P.No.24 of 2010 on his file, within a period of three months from the date of receipt of a copy of this order.

5.Accordingly, this civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

16.08.2019 Index : Yes / No Internet: yes / No TM http://www.judis.nic.in 2/4 C.R.P.(NPD)(MD).No.1366 of 2011 To

1.The Principal District Judge, Tuticorin.

2.The Section Officer, E.R/V.R.Section, Madurai Bench of Madras High Court, Madurai.

http://www.judis.nic.in 3/4 C.R.P.(NPD)(MD).No.1366 of 2011 S.S. SUNDAR, J., TM C.R.P.(NPD)(MD).No.1366 of 2011 16.08.2019 http://www.judis.nic.in 4/4