G. R. SWAMINATHAN
S. Kasthuri – Appellant
Versus
G. Nitin Krishna – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to direct the Court below to dispose H.M.O.P. No. 851 of 2023 on the file of the Family Court, Madurai within the time frame fixed by the Court.
1. Heard both sides.
2. The revision petitioner herein filed H.M.O.P. No. 851 of 2023 on the file of the Family Court, Madurai. The petitioner’s marriage with the respondent was solemnized on 05.07.2018 as per Hindu rites and customs. A female child, namely, Tanya was born through the wedlock. The relationship between them came under strain. The petitioner has sought dissolution of marriage on the ground of cruelty. The petition has been filed under Section 13(1)(1a) of the Hindu Marriage Act, 1955.
3. The grievance of the petitioner is that the matrimonial proceeding instituted by her is not being dealt with expeditiously. The petition was filed on 03.07.2023. The parties appeared before the Court on 04.11.2023 and were referred to the counsellor. The matter was posted for second counselling on 17.11.2023. At the request of the respondent, the third counselling was fixed on 05.04.2024. Such a long adjournment, according to the petitioner was not w
Amardeep Singh v. Harveen Kaur
K. Abdul Jaleel Vs. T.A. Shahada
Family Courts must expedite matrimonial proceedings to prevent emotional distress, adhering to statutory time limits for resolution.
The main legal principle established in the judgment is the importance of expeditious resolution of matrimonial disputes by Family Courts, in accordance with the purpose of the Family Courts Act, and....
The main legal point established in the judgment is the need for expeditious resolution of matrimonial disputes and the professional management of such disputes, emphasizing the importance of timely ....
The court mandates that the Family Court must adhere to a six-month timeline for resolving pending petitions based on the current workload.
Divorce – Time-bound disposal –Family Court has to pass order in that interlocutory application ordering early hearing or time-bound disposal of that case or cases, specifying time limit in that orde....
Article 227 of the Constitution of India can be invoked by the High Court suo motu as a custodian of justice.
Judicial efficiency mandates timely handling of Family Court applications to prevent undue delays.
The petitioner can request expedited hearings directly at the Family Court, as established in previous rulings.
Courts must not prioritize individual cases without exceptional justification amidst pending cases, ensuring both efficiency and fairness in judicial proceedings.
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