Gabrilla and Another Vs. D. Amaladass and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1186810
CourtChennai Madurai High Court
Decided OnNov-28-2016
Case NumberC.R.P(PD)(MD)Nos. 2400 & 2404 of 2016
JudgeD. Krishnakumar
AppellantGabrilla and Another
RespondentD. Amaladass and Others
Excerpt:
(prayer: civil revision petition filed under article 227 of the constitution of india, praying this court to direct the judge, family court, madurai to expedite the trial in i.d.o.p.no.51 of 2013 within the time fixed by this court.) 1. this revision has been filed seeking for a direction to direct the judge, family court, madurai to expedite the trial in i.d.o.p.no.51 of 2013 within the time fixed by this court. 2. according to the petitioner, the above i.d.o.p.no.51 of 2013 is filed by the revision petitioner/wife, for restitution of conjugal rights under section 32 of the indian divorce act. in the aforesaid i.d.o.p., p.w.1 was examined in the year 2014 and thereafter, the matter has been adjourned for p.w.1 cross-examination. the said case has been adjourned from time to time under the same caption. therefore the present c.r.p is filed to dispose of the above said i.d.o.p at an early date. 3. in view of the submission made by the learned counsel for the petitioner, without expressing any opinion on the merits of the matter, the family court, madurai is directed to dispose of i.d.o.p.no.51 of 2013 as expeditiously as possible, on merits. 4. with the above direction, this civil revision petition is disposed of. no costs.
Judgment:

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, praying this Court to direct the Judge, Family Court, Madurai to expedite the trial in I.D.O.P.No.51 of 2013 within the time fixed by this Court.)

1. This revision has been filed seeking for a direction to direct the Judge, Family Court, Madurai to expedite the trial in I.D.O.P.No.51 of 2013 within the time fixed by this Court.

2. According to the Petitioner, the above I.D.O.P.No.51 of 2013 is filed by the revision petitioner/wife, for restitution of conjugal rights under Section 32 of the Indian Divorce Act. In the aforesaid I.D.O.P., P.W.1 was examined in the year 2014 and thereafter, the matter has been adjourned for P.W.1 cross-examination. The said case has been adjourned from time to time under the same caption. Therefore the present C.R.P is filed to dispose of the above said I.D.O.P at an early date.

3. In view of the submission made by the learned counsel for the Petitioner, without expressing any opinion on the merits of the matter, the Family Court, Madurai is directed to dispose of I.D.O.P.No.51 of 2013 as expeditiously as possible, on merits.

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