M. Elamaran Vs J. Abiramasundari

Madras High Court (Madurai Bench) 3 Aug 2011 C.R.P. (PD) (MD) No. 840 of 2011 (2011) 08 MAD CK 0272
Bench: Single Bench

Judgement Snapshot

Case Number

C.R.P. (PD) (MD) No. 840 of 2011

Hon'ble Bench

C.S. Karnan, J

Advocates

K. Rajasekaran, for the Appellant; A. Hafiza, for the Respondent

Judgement Text

Translate:

@JUDGMENTTAG-ORDER

C.S. Karnan, J.@mdashThis petition has been filed by the Petitioner to dispose of the divorce case filed by the Petitioner in H.M.O.P. No. 61 of 2010 on the file of the III Additional Subordinate Judge, Madurai within the time limit as fixed by this Court.

2. The Brief facts of the case are as follows:

The revision Petitioner / husband has filed HMOP. No. 61 of 2010 on the file of III Additional Subordinate Judge, Madurai for divorce for dissolving the marriage between the Petitioner/husband and Respondent/wife, which was solemnised on 29.11.1998 at Sumagali Mahal, Tiruchirappalli. The Respondent/wife has filed counter statement and resisted the divorce petition. The revision Petitioner stated that he suffers from acute heart disease coupled with diabetes mellitus and requires intensive inpatient treatment. For the said medical treatment, he has to stay at Bangalore for months together. Under the circumstances, he is unable to stay at Madurai for a long period to contest the case as his health does not permit him to do so and as he has 90% blocs in his heart. Therefore, he has to undergo treatment at Bangalore.

3. The learned Counsel for the Petitioner argued that both the Petitioner and his wife possess a law degree. The Respondent/wife alone is practising at Madurai before this Court, Madurai and District Court, Madurai. The Petitioner is unable to continue his practice due to his bad health.

4. The learned Counsel for the Respondent argued that the case was filed only in the year 2010 and even then the Respondent has filed counter statement and extended her co-operation for speedy trial.

5. In view of the submissions made by the learned Counsels and after perusing the medical records of the Petitioner, this Court is of the considered opinion that the above case in H.M.O.P. No. 61 of 2010 has to be disposed of at the earliest. Hence, this Court directs the learned III Additional Subordinate Judge, Madurai to dispose of the case within a period of three months from the date of receipt of this order. Further, this Court directs the learned Judge to conduct the enquiry in-camera and dispose the case. Further, this Court grants exemption to the Petitioner/husband and Respondent/wife from appearing in the open Court. Accordingly ordered.

6. In the result, the above revision petition is disposed of with the above observations. There is No. order as to costs.

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