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2022 DIGILAW 393 (MAD)

Sarania @ Srania Mariyappan v. Krishnan Govindan

2022-02-11

P.T.ASHA

body2022
JUDGMENT : (Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Subordinate Court, Alandur to dispose O.P.No.1866 of 2021 in a speedy manner.) 1. This Civil Revision Petition is filed seeking an earlier hearing of H.M.O.P.No.1866 of 2021 pending on the file of the Subordinate Court, Alanthur. 2. A perusal of the papers that has been filed before this Court would show that the original petition has been filed on 29.03.2021 and same was not numbered and therefore, the petitioner was constrained to approach this Court by filing C.R.P.(PD) No.1468 of 2021. By an order dated 02.08.2021, this Court has passed the following order:- 6. It is seen that atleast 3 different returns were made by the Subordinate Court. It had been reiterated time and again, that whatever returns are made, they should be consolidated returns and peace meal returns should not be made. Therefore, the learned Subordinate Judge, Alandur, is directed to number H.M.O.P.SR.No.1884 of 2021 and I.A.SR.No.1885 of 2021 in H.M.O.P.SR.No.1884 of 2021, if they are otherwise in order and proceed with the matters, as per the guidelines issued by the Hon’ble Supreme Court in the aforesaid judgments and the Madras High Court Video Conferencing Rules, 2020, within a period of two (2) weeks from the date of receipt of a copy of this order. 3. Thereafter, the petition came to be numbered on 31.08.2021. The E-Courts Diary which has been filed would indicate that after the H.M.O.P. has been numbered, the matter was posted for the appearance of parties on 09.09.2021, 15.09.2021, 25.10.2021, 09.11.2021. On 09.12.2021, the learned Subordinate Judge has passed the following order and the case was directed to be listed on 22.12.2021. Heard. Records perused. cosidy the fact that the 1st petitioner is at abroad and this petition is filed for diverse on the ground of mutual consent and the case is of 1st motion for appearance of both petitioners, 1st petitioner is permitted to appear through Video Conference and as there is no examination of neither, the necessity of appointment of remote site co-ordinator does not nise. The 1st petitioner is directed to send his identity proof through his personal email which is furnished to this court. The Video Conference shall be held on 22.12.21 at 2.30 pm. Tr.A. Vijayakumar, Typist, Sub Court, Alandur is appointed as Co-ordinator. The 1st petitioner is directed to send his identity proof through his personal email which is furnished to this court. The Video Conference shall be held on 22.12.21 at 2.30 pm. Tr.A. Vijayakumar, Typist, Sub Court, Alandur is appointed as Co-ordinator. All other protocols as per the Madras High Court Video Conferencing in Court Rules 2020 to be adhered. OP.1866/21 - No representation for the petitioner for appearance of both petitioner call on 22.12.2021. 4. On 22.12.2021, the learned Subordinate Judge has re-posted the matter to 25.07.2022. It is to be noted that even on the date of numbering of the application, five months had elapsed from the date of filing of the application till the date of the numbering of this petition (which has been done only after the order has been passed by this Court). The learned Subordinate Judge has failed to appreciate the urgency shown in the above matter which is a petition for divorce by mutual consent since one of the parties is living abroad. The learned Subordinate Judge by order dated 22.12.2021 has now adjourned the matter to the Month of July, 2022 though the waiting period of six months has long expired. The learned Subordinate Judge has overlooked that the petition has been filed by the petitioner on 29.03.2021 which is the date of presentation of the petition. 5. The procedure adopted by the learned Subordinate Judge is contrary to the directions of this Court as well as the provision of Section 13B of the Hindu Marriage Act, 1955. The case has now been listed for hearing after a period of 1 year and 4 months from the date of presentation of the petition. 6. Section 13B(2) of the Hindu Marriage Act, 1955 read as under:- 13B. Divorce by mutual consent.— (1)......... (2) On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.] 7. Therefore, if the six months period is calculated from the date of presentation of the petition, the period is over on 29.09.2021. Therefore, exercising jurisdiction under Article 227 of the Constitution of India, the learned Subordinate Judge is directed to advance hearing of O.P.No.1866 of 2021 to 21.02.2022. On the said date, both parties shall appear in person before the Court and the learned Subordinate Judge shall proceed to pass order taking into consideration the fact that one of the parties has to leave out of the country. The learned Subordinate Judge shall pass order and report the compliance before this Court by 25.02.2022. 8. This Civil Revision Petition is allowed with the above directions. No cost.