JAISHANKAR Vs. NIL

JUDGEMENT

(1.) This Civil Revision Petition has been filed seeking a direction to waive off the cooling period and to dispose the petition filed by the revision petitioners in O.P.No.223 of 2020 pending on the file of the learned Judge, Family Court, Sivagangai.

(2.) Brief facts of this case are that the revision petitioners/petitioners had preferred a petition on the file of the Family Court, Sivagangai under 13(B) of the Hindu Marriage Act,1955. The marriage between the revision petitioners was solemnized on 25.05.2001 as per the Hindu rites and customs and out of the wedlock, they had two daughters namely Jeyavarshini and Jeyadharshini. The said Jeyadharshini died due to illness. Thereafter, due to dispute between the revision petitioners, they were living separately for the past 13 years and they have mutually agreed to dissolve their marriage. The second revision petitioner has filed C.A.No.74 of 2018 and the same is pending on the file of the Additional District Court, Sivagangai. The 1st revision petitioner entered into a compromise and agreed to return all the jewels and also agreed to pay a sum of Rs.10,00,000/- towards maintenance to the second revision petitioner and their daughter Jeyavarshini. Subsequently, the 1st revision petitioner has filed a divorce petition in O.P.No.223 of 2020 on the file of the Family Court, Sivagangai. The grievance of the petitioners are that, since the revision petitioners are being living separately for more than 13 years, the learned Judge, Family Court, Sivagangai, ought to have disposed of the petition in O.P.No.223 of 2020. Hence, the petitioners are constrained to move the present revision petition before this Court for getting speedy disposal of the petition in O.P.No.223 of 2020.

(3.) Heard the learned Counsel for the revision petitioners and perused the materials placed before this Court.