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2023 Supreme(Mad) 175

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. Subramaniam, J.
G.Kalyanasundaram - Petitioner
Versus
Tmt.K.Chandra @ V.Sri Alamelu – Respondent
C.R.P.No.31 of 2023
Decided On : 09-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: Mr.N.Palanikumar

Headnote:

Constitution of India, 1950 – Article 227 – Divorce – Adjournment is an exception – Hindu Rites and Customs – Civil Revision Petition is filed to dispose of HMOP pending on file of Sub Court – Held, No doubt certain cases are to be disposed of urgently if there is a public interest involved or litigants are able to establish genuine urgency for early disposal of cases – Such cases alone are to be given priority – Practice of giving preference to any litigation without any justification at all circumstances to be avoided – Every litigant approaching Court of Law is waiting for justice and thus, it must be done in a consistent manner and without discriminating the litigants – Therefore issuing directions indiscriminately for speedy disposal of cases by District Judiciary would do no service to the cause of justice – Civil Revision Petition disposed of.

ORDER :

Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to dispose of the HMOP No.55 of 2021 on the file of the Sub Court, Kangeyam.

The Civil Revision Petition is filed to dispose of the HMOP No.55 of 2021 pending on the file of the Sub Court, Kangeyam.

2. The marriage between the petitioner and the respondent was solemnised on 08.09.2017 as per Hindu Rites and Customs. Due to misunderstanding between the petitioner and the respondent, they are living separately. The petitioner-husband filed H.M.O.P.No.55 of 2011 for divorce and the said matter is now subjudiced before the Sub-Court, Kangeyam.

3. The learned counsel for the revision petitioner mainly contended that the pleadings between the parties have already been completed and therefore, the Sub Court, Kangeyam, ought to have disposed of the matter, as expeditiously as possible.

4. High Court cannot simply direct the District Judiciary to dispose of a particular case. The Courts concerned have to form a method for speedy disposal of the cases. Unnecessary adjournments on flimsy grounds would cause prejudice to the parties to the litigation. Rule is to conduct the case on the date it is posted for hearing. Adjournment is an exception. Thus adjournments are to be granted only on genuine grounds and even in such circumstances, on commencement of trial long adjournments are to be avoided. The reason is to be recorded by the Courts, if it is genuine.

5. Long pendency of litigations causing untold mental agony to the litigants are to be considered by the Courts concerned, while granting adjournments in a routine manner. Any party seeking adjournment on flimsy grounds or attempting to prolong and protract the case, then heavy cost is to be awarded, which is to be paid to the other party, who is ready to conduct the case. If such adjournments are frequently sought for, then exemplary or maximum costs are to be awarded by the Court concerned. The endeavour of the Court is to ensure that the cases are disposed of as expeditiously as possible by avoiding unnecessary adjournments.

6. The High Court cannot issue directions to the District Judiciary for speedy disposal of cases in a routine manner. Frequent directions if issued, the same cannot be a practical solution. The trust on the District Judiciary due to overburdening of litigation on Board is to be taken into consideration by the High Court. The routine directions for speedy disposal, if it is issued, it would further cause unnecessary pressure on the District Judiciary. In many such cases, wherein directions are issued, the District Judiciary has come out with administrative letter, seeking extension of time again and again and thus, the purpose for which such directions were issued by the High Court became defeated.

7. The longevity of the litigations are occurring at the instance of the parties on many occasions. The legal brains are adopting tactical approach to prolong and protract the cases for unjust gains and for Forum Shopping. Any party having an idea to achieve their goal in an indirect or illegal manner, then they are adopting all such tactics for the purpose of prolonging the case, which cannot be tolerated by the Courts. On some occasion, if any litigants feel that a particular Judicial Officer in the District Judiciary is inconvenient to them, they are seeking adjournments after adjournments or filing frivolous interlocutory applications through which they all are causing longevity to the litigation. Ill-motives of such litigants if allowed to succeed, then the same will result in miscarriage of justice and thus the Courts are expected to be cautious, while granting unnecessary adjournments on flimsy grounds. All such attempts should be thwarted by the Courts and the Court cannot aid such ill-motive of the parties. The frivolous and unnecessary interlocutory applications are to be dealt with in accordance with law and if the Court formed an opinion that such interlocutory applicati

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