Madras High Court
Ashwanth Pothy vs Mrs.Asmitha Alanknitha on 17 September, 2025
CRP.No.4464 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
CRP.Nos.4464 of 2025
Ashwanth Pothy ... Petitioner / Petitioner
Versus
1. Mrs.Asmitha Alanknitha
2. S.Murugesh
3. Mrs. Poongodi ... Respondents / Respondents
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of
India, to direct the Special Court to try cases filed under Protection of Women
from domestic Violence Act, Coimbatore to dispose the D.V.A.No.86 of 2023
expeditiously within the time frame fixed by this Court.
For Petitioner : Mr.A.Veerasamy
ORDER
Seeking a direction for the speedy disposal of the D.V.A.No.86 of
2023 on the file of the Special Court to try cases filed under Protection of
Women from domestic Violence Act, Coimbatore, 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 divorce petition in
HMOP.No.604 of 2023, on the file of the Principal Family Court, Coimbatore
and also filed the child custody petition in G.W.O.P.No.606 of 2023, in the
same Court. Against which, the first respondent / wife filed a counter blast to
the divorce petition in D.V.A.No.86 of 2023, on the file of the the Special
Court to try cases filed under Protection of Women from Domestic Violence
Act, Coimbatore and the same is pending for the past two years without any
progress and he prays for speedy disposal of the D.V.A.No.86 of 2023, which
is just and necessary.
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
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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.
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
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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
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
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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 Special Court to try cases filed under
Protection of Women from Domestic Violence Act, Coimbatore, shall dispose
of the D.V.A.No.86 of 2023 as expeditiously as possible.
With the above observations, this civil revision petition stands disposed
of. No costs.
17.09.2025
av
Index : Yes/No
Speaking order : Yes/No
Neutral Case Citation : Yes/No
To
The Special Court to try cases filed
under Protection of Women from
Domestic Violence Act, Coimbatore,
M. JOTHIRAMAN, J.
av
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17.09.2025
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