Monday, May 27, 2013

no relief to husband 4 years after filing RCR, wife files maintenance, divorce and also delays cases, HC orders closure of maintenance within 15 days , fate of RCR not known !!.txt

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 11/01/2013

CORAM
THE HONOURABLE MR.JUSTICE G.RAJASURIA
                                    
C.R.P.(PD)(MD)No.64 of 2013

G.Julius Boosic              .. Petitioner

Vs

J.Maria Daphine Jeyasree        .. Respondent

    Petition filed under Article 227 of the Constitution of India, for a direction to the Family Court, Madurai to dispose of I.D.O.P.No.9 of 2009 simultaneously within a specific time frame fixed by this Court.

!For petitioner    ...  Mr.S.Anand Chandrasekar for
             M/s.Sarvabhauman Associates
^

:ORDER

Heard the learned counsel for the revision petitioner who would echo the heart-burns of his client to the effect that his client, being the husband of the respondent, filed the I.D.O.P.No.9 of 2009 seeking restitution of conjugal rights; whereas the wife filed the I.D.O.P.No.8 of 2009 seeking divorce; while so, both the matters were taken up together by the Family Court, Madurai and the argument on the side of the husband was over, but the matter has been dragged on at the instance of the other side. In the mean while, on the wife's side, an application was filed seeking interim maintenance. Hence, the learned counsel for the revision petitioner prays for a suitable direction to be issued to the Family Court, Madurai for speedy disposal of the matter.

    2.I could see considerable force in the submissions of the learned counsel for the revision petitioner. However, one fact cannot be lost sight of. When there is an application for interim maintenance, the same should be dealt with by the Court expeditiously. Hence, I would like to mandate the Family Court, Madurai to dispose of the I.A. filed for maintenance as expeditiously as possible, preferably within a period of fifteen days from the date of receipt of a copy of this order and thereafter, within a month, the I.D.O.P. No.9 of 2009 filed by the husband shall be disposed of.

    3.The Civil Revision Petition is disposed of accordingly. No costs.

KM

To

The Family Court Judge,
Madurai.