J. Aarthi vs A. Harshan

C.S. Karnan, J.—This petition has been filed by the Petitioner/wife to direct the learned III Additional Subordinate Judge, Madurai to expedite the trial in H.M.O.P. No. 275 of 2009 and pass final order within a period as fixed by this Court.

The short facts of the case are as follows:

The Petitioner has filed H.M.O.P. No. 275 of 2009 against the husband for dissolution of marriage, which was solemnised between the Petitioner and the Respondent on 24.08.2001 at Madurai, on the file of the III Additional Subordinate Court, Madurai. The Respondent / husband has filed H.M.O.P. No. 355 of 2008 against his wife for restitution of conjugal rights, which is pending on the file of the Principal Subordinate Judge, Madurai.

Under the circumstances, the Petitioner/wife has filed the above Civil Revision Petition to expedite the trial in H.M.O.P. No. 275 of 2009 for final disposal. The learned Counsel for the Petitioner argued that the Petitioner has extended her co-operation to the Court for speedy trial. But the learned Judge adjourned the case from time to time, since the Respondent/husband entered appearance on 10.02.2009. The matter is being adjourned from time to time for counter statement of the Respondent. Even then, after giving sufficient time for taking counter statement, the Respondent has not filed the counter statement. The Petitioner seeks remedy against her husband, and this remedy has not been given to her so far.

Considering the facts and circumstances of the case and arguments advanced by the learned Counsel for the Petitioner and on scrutiny of the date of hearings of the said case, this Court is of the considered opinion that a direction is necessary to dispose the case at the earliest.

Resultantly, the Civil Revision Petition is allowed with the direction to the learned III Additional Subordinate Judge, Madurai to expedite the trial in H.M.O.P. No. 275 of 2009 within a period of two months from the date of receipt of a copy of this order. There is no order as to costs