Madras High Court
K.Aravind Kumar vs J.K.Nivethitha on 17 October, 2025
CRP.No.5014 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CRP.No.5014 of 2025
K.Aravind Kumar ... Petitioner
Vs
J.K.Nivethitha ... Respondent
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of
India, to direct the Family Court, Vellore, to dispose the F.C.O.P. No.281 of
2023 pending on its file within a stipulated time prescribed by this Court.
For Petitioner : Mr.A.J.Mohamed Kassim
ORDER
Seeking a direction for the speedy disposal of the F.C.O.P. No.281 of
2023 on the file of the Family Court, Vellore, the petitioner has preferred the
present civil revision petition.
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2. The learned counsel appearing for the revision petitioner would
submit that the revision petitioner / husband filed a petition in HMOP. No.925
of 2022, on the file of the Family Court, Madurai, for dissolution of marriage.
The respondent / wife filed a petition in FCOP. No.271 of 2022 on the file of
the Family Court, Vellore, for restitution of conjugal rights and the same is
still pending. Thereafter the respondent / wife had filed a transfer CMP before
this Court in Tr.C.M.P.No.125 of 2023. This Court vide order dated
17.07.2023, had withdrawn the HMOP. No.925 of 2022 from the Family
Court, Madurai, and transferred the same to the Family Court, Vellore and the
said OP was renumbered as HMOP No.281 of 2023. The learned counsel
further would submit that on 21.05.2025, respondent / wife filed a petition in
I.A. No.5 of 2025 in FCOP. No.271 of 2022 for maintenance. Subsequently,
on 02.08.2025, the petition in FCOP. No.281 of 2023 came up for trial and on
the same day, the respondent / wife sought time to file change of vakalath
with an intention to drag on the matter and to cause mental agony to the
revision petitioner / husband. The learned counsel further would submit that
the respondent / wife is not ready to complete the trial in both petitions in
FCOP No.281 of 2023 and in FCOP. No.271 of 2022. Therefore, he prays for
speedy disposal of the FCOP. No.281 of 2023, which is just and necessary.
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3. It is pertinent to mention that High Court cannot issue such
directions for speedy disposal unless there is a justification (or) acceptable
reasons for issuing any such directions. It is relevant to cite the judgment of
this Court in S.Baby Vs. S.Sakkubai Ammal reported in 2023 SCC OnLine
Mad 674, wherein, it has been held in paragraph nos.11 and 12 as follows:
“11. In the event of issuing direction in Civil Revision
Petitions for speedy disposal without considering the number of
cases pending in a particular Court on Board, it will result in
discrimination against many other litigants, who all are waiting
for disposal of their respective cases. There are allegations
against the Courts that the cases are selectively picked up and
disposed of. The plight of the poor and downtrodden are also to
be taken into consideration, while disposing of the cases. The
Court shall not pave way for such feeling to the litigants. The
trust on the Judicial System is the Hallmark and any form of
favouritism, nepotism or otherwise even in the matter of hearing
of cases selectively will have larger repercussions on the system.
No doubt certain cases are to be disposed of urgently, if there is
a public interest involved or the litigants are able to establish
genuine urgency for early disposal of the cases. Such cases alone
are to be given priority.
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12. The practice of giving preference to any litigation
without any justification at all circumstances to be avoided.
Every litigant approaching the 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 would do no service
to the cause of justice. Every urgency cannot be considered for
issuing a direction for speedy disposal, and the urgency, which is
imminent alone to be considered.”
4. It is also relevant to cite the judgment of the Hon'ble Supreme
Court in Sangram Sadashiv Suryavanshi Vs. The State of Maharashtra
reported in 2024 INSC 899, wherein, it has been held as follows:
“In paragraph 47.3 of the decision of a Constitution
Bench of in the case of ‘High Court Bar Association, Allahabad
vs. State of Uttar Pradesh & Ors. reported in (2024) 6 SCC 267,
this Court has held that in the ordinary course, the
Constitutional Courts should refrain from fixing a time-bound
schedule for the disposal of cases pending before any other
Courts. Paragraph 47.3 reads thus:
“47.3. Constitutional courts, in the ordinary course,
should refrain from fixing a time-bound schedule for
the disposal of cases pending before any other courts.
Constitutional courts may issue directions for the time-
bound disposal of cases only in exceptional
circumstances. The issue of prioritising the disposal of
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cases should be best left to the decision of the courts
concerned where the cases are pending;” (underline
supplied)
A direction which can be issued in exceptional circumstances is
being routinely issued by High Courts without noticing the law
laid down by the Constitution Bench.”
5. By applying the ratio laid down in the above judgments, fixing a
time-bound schedule for the Court below to dispose of the cases pending
therein is not warranted. The Court concerned is expected to regulate its own
procedure in respect of the cases on board for effective disposal and to ensure
that the cases are disposed of within a reasonable period of time.
6. In view of the same, the Family Court, Vellore, is requested to
dispose of the case in FCOP. No.281 of 2023 as expeditiously as possible.
7. With the above observations, this Civil Revision Petition stands
disposed of. No costs.
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17.10.2025
mtl
Index : Yes/No
Speaking order : Yes/No
Neutral Case Citation : Yes/No
To
The Family Court, Vellore.
M. JOTHIRAMAN, J.
mtl
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17.10.2025
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