G. Arunai Theepam vs Uma

R. Mala, J.—This Civil Revision Petition has been filed seeking a direction directing the III Additional Family Court, Chennai, to dispose of O.P. No. 801 of 2012 on merits within a stipulated period.

The learned counsel appearing for the revision petitioner submitted that the petitioner herein is the husband of the respondent herein and she deserted him and his children and thereafter, the husband filed a petition for dissolution of marriage, which was compromised, but, it was not fulfilled and hence, he filed another petition in O.P. No. 801 of 2012 for divorce in the year 2012. He further submitted that even though the husband/petitioner herein was examined and chief was over and when the matter was posted for cross examination, the wife/respondent herein has not taken effective steps to cross examine P.W.1. Hence, the petitioner herein has come forward with this revision petition for early disposal of O.P. No. 801 of 2012, pending on the file of the III Additional Family Court, Chennai.

Considering the nature of the limited prayer sought for in the revision petition, issuance of notice to the respondent is dispensed with.

I have considered the submissions made by the learned counsel appearing for the revision petitioner and perused the typed set of papers.

The husband/petitioner herein filed O.P. No. 801 of 2012 for divorce on the ground of cruelty and now his children are staying with him.

A perusal of docket sheet of O.P. No. 801 of 2012, the case had been taken on file on 29.02.2012 and it was posted for hearing on 16.04.2012. The wife/respondent herein had entered appearance; the counseling was conducted on 13.06.2012 and for further counseling, the case was posted on 19.07.2012 and the counseling was conducted for several hearings and then, the case was posted on 23.02.2013 for appearance of the respondent/wife and for counter. Since the wife/respondent herein had absent and not filed a counter, she was set ex-parte on 21.04.2013, subsequently, ex-parte order had been set aside and after that, proof affidavit of P.W.1 was recorded and Exs.P1 to P3 were marked and for cross examination, the case was posted on 29.11.2013. After that, the case was posted for several hearings, the respondent/wife had not taken any steps to cross examine P.W.1, which shows her mala fide intention to drag on the matrimonial proceedings. So, I am of the considered view, it is a fit case for giving direction directing the Presiding Officer, III Additional Family Court, Chennai, to dispose of the case within the time stipulated by this Court. Accordingly, the Presiding Officer, III Additional Family Court, Chennai, is directed to dispose of O.P. No. 801 of 2012, within a period of three months from the date of receipt of a copy of this order, after giving fair opportunity to both sides.

With the above direction, this Civil Revision Petition is disposed of. No costs.