The High Court has the jurisdiction to issue a directive for the time-bound disposal of pending matrimonial litigation when the proceedings are delayed due to procedural lags and lack of cooperation from the parties.

Headnote:The petitioner filed a petition for divorce under S. 13(1)(ia) of the Hindu Marriage Act in the Subordinate Court at Alandur. Due to the respondent's delay in filing a counter and subsequent non-participation in court-referred mediation, the matrimonial proceedings remained stagnant. The court examined the facts and the necessity for a timely conclusion of the pending litigation. The issue addressed was whether to grant a mandate for time-bound disposal of the divorce proceedings. The court reasoned that in view of the prolonged pendency and the lack of cooperation leading to unwarranted delays in the trial process, it is appropriate to issue a specific direction to ensure the expeditious disposal of the matter. The court directed the subordinate court to dispose of the original petition within three months, emphasizing that both parties must cooperate without seeking unnecessary adjournments.

Table of Content
1. overview of the petition for divorce and the procedural delay encountered in the subordinate court. (Para 1 , 2)
2. judicial mandate for the time-bound disposal of pending matrimonial proceedings to ensure case finality. (Para 3 , 4)

Order

This Civil Revision Petition is filed by the petitioners seeking a direction to expedite the trail in HMOP No. 160 of 2025 on the file of the Honble Subordinate Judge, Alandur.

2. The learned counsel for the petitioner submitted that the marriage between the petitioner and the respondent was solemnized on 01.06.2022 at Madurai and they lived together at Bangalore from 06.06.2022. Due to matrimonial difference the petitioner separated from the respondent on 31.03.2024. No child was born out of the wedlock. The petitioner filed a petition for divorce under section 13(1) (ia) of the Hindu Marriage Act before the Subordinate Court at Alandur. The respondent entered appearance belatedly on 10.07.2025 and after several adjournment filed the counter only on 27.11.2025 upon final opportunity. Thereafter instead of proceeding with trial, the matter was referred to mediation at the instance of the respondent. However the respondent did not appear for mediation; the petitioner attended the mediation on 19.02.2026 however no progress was made, resulting further delay in disposal of the case and the proceedings continue to remain pending without advancing towards trial or disposal.

3. Considering the prolonged pendency of the petition and facts and circumstances of the case, this Court is inclined to grant the relief sought for.

Accordingly, (i)the learned Subordinate Judge, Alandur, is directed to dispose of the original petition in HMOP No.160/2025, in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

(ii)The parties shall extend their full cooperation for early disposal and shall not seek unnecessary adjournments.

4. With the above direction, this Civil Revision Petition is disposed of.

No costs. Consequently the connected miscellaneous petition is closed.

Click Here to Read the rest of this document

2026 Supreme(Online)(Mad) 42002

IN THE HIGH COURT OF JUDICATURE AT MADRAST.V.Thamilselvi, JSri Vishnu Priya – AppellantVersusT.G.Naga Balaji – RespondentCRP No. 2803 of 2026

The High Court has the jurisdiction to issue a directive for the time-bound disposal of pending matrimonial litigation when the proceedings are delayed due to procedural lags and lack of cooperation from the parties.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.Thamilselvi, J
Sri Vishnu Priya – Appellant
Versus
T.G.Naga Balaji – Respondent
CRP No. 2803 of 2026