Madras High Court
Mr. Albert Irudayaraj Paulraj vs Mrs. Layola Raj Santhabai on 15 July, 2021
C.R.P. (PD) No. 1325 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM
THE HON'BLE MR. JUSTICE A.D. JAGADISH CHANDIRA
C.R.P. (PD) No. 1325 of 2021
Mr. Albert Irudayaraj Paulraj ... Petitioner
-vs-
Mrs. Layola Raj Santhabai ... Respondent
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of
India, 1950, praying to pass appropriate direction directing the I Additional
Judge, Family Court, Chennai to expedite the trial and disposal of O.P.
No. 4829 of 2018 pending on the file of the I Additional Judge, Family Court,
Chennai within the time framed by this Court.
For Petitioner : Ms. M.Rittika
for M/s. Nathan and Associates
ORDER
(The case has been heard through video conference)
The Civil Revision Petition has been field seeking for a direction to the
Learned I Additional Family Court, Chennai to expedite the trial and disposal
of O.P. No. 4829 of 2018 pending on its file within a time frame fixed by this
Court.
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No. 1325 of 2021
2. The Learned Counsel for the Petitioner would submit that the marriage
between the Petitioner and the Respondent was solemnized as per the rites and
customs of the Christian Marriage on 14.06.2002 at Madras Christian College
Higher Secondary School Chapel, Harrington Road, Chetpet, Chennai-600031.
She would further submit that after the marriage, the Petitioner as well as the
Respondent moved to United States of America. She would further submit that
however, due to misunderstanding, the Respondent came back to India. She
would further submit that the Petitioner had already obtained a decree of
judgment for divorce in Case No. DR. 18-371409 dated 20.09.2018 at the Court
of Common Pleas, Division of Domestic Relations, Cuyahoga County, Ohio.
She would further submit that the Respondent has filed a petition under Section
32 of the Indian Divorce Act, 1869, seeking for restitution of conjugal rights
and it is pending in O.P. No. 2539 of 2018 on the file of the Family Court,
Chennai. She would further submit that the Petitioner has filed a petition under
Section 10(1)(i) and 10(1)(x) of the Indian Divorce Act, 1869 for divorce on
the ground of cruelty and it is pending in O.P. No. 4829 of 2018 on the file of
the Learned I Additional Family Court, Chennai. She would further submit that
both the cases are pending before the same Court and the Petitioner, being an
American resident, is spending enormous amounts for his travel to India for
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No. 1325 of 2021
attending the hearing of the said cases. She would further submit that however,
on several occasions, the Respondent has failed to appear before the Trial Court
and thereby, harassed the Petitioner. She would further submit that though the
case is of the year 2018, the Petitioner has been made to weight inordinately.
She would further submit that unless and until a direction is given to the
Learned I Additional Family Court, Chennai to complete the trial expeditiously,
the Petitioner would be put to untold sufferings. She would further submit that
the Petitioner has been regularly paying the maintenance amount to the
Respondent and there is no arrears as on date. She would further submit that
due to pandemic situation, the Petitioner is stuck in India and that he is ready
and willing to co-operate with the trial and complete the trial in both the cases
expeditiously. She would further submit that the Petitioner is prepared to
co-operate by appointing his father as power of attorney and also appear before
the Trial Court through video conferencing. Hence, she would pray for a
direction to the Learned I Additional Family Court, Chennai to expedite the
trial and disposal of O.P. No. 4829 of 2018 pending on its file within a time
frame fixed by this Court.
3. Heard the Learned Counsel for the Petitioner and perused the materials
available on record.
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No. 1325 of 2021
4. Taking into consideration the facts and the submissions made, the
Learned I Additional Family Court, Chennai is directed to complete the trial in
O.P. No. 4829 of 2018 as expeditiously as possible preferably within a period
of nine months from the date of receipt of a copy of this order.
5. With this observation, this Civil Revision Petition is disposed of. No
costs.
15.07.2021
vjt
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-speaking Order
To
1. The I Additional Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis/
C.R.P. (PD) No. 1325 of 2021
A.D. JAGADISH CHANDIRA, J.
vjt
C.R.P. (PD) No. 1325 of 2021
15.07.2021
https://www.mhc.tn.gov.in/judis/
