1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.08.2011 CORAM THE HONOURABLE MR. JUSTICE P.P.S.JANARTHANA RAJA C.R.P.(PD)(MD).No.912 of 2011 and M.P.(MD).No.1 of 2011 S.Hemandh .. Petitioner Vs. C.Uma Maheswari ..Respondent Prayer:Petition filed under Article 227 of the Constitution of India, to direct the Subordinate Judge, Pudukkottai to dispose of I.A.No.171 of 2009 in H.M.O.P.No.240 of 2009 filed by the petitioner for custody of child under Section 26 of the Hindu Marriage Act, 1955 pending on the file of the Subordinate Judge, Pudukkottai within a stipulated time. For Petitioner : M/s.Lakshmi Gopinathan For Respondent : Mr.R.Sundar O R D E R The petitioner is the husband and the respondent is the wife. Both the petitioner and the respondent got married at Venkatachalapathi Temple, Thiruppathi on 23.03.2005 as per Hindu rites and customs and they were living happily. They also got a male child by name Lakshmi Jeyanth born on 01.01.2006. Subsequently, there was misunderstanding between the petitioner-husband and the respondent-wife. The respondent-wife filed H.M.O.P. No.309 of 2009 on the file of the Principal Subordinate Court, Tiruchirappalli for divorce. The petitioner-husband also filed H.M.O.P. No.102 of 2009 on the file of the Principal Subordinate Court, Thanjavur for restitution of conjugal rights. Thereafter, the respondent-wife filed Tr.C.M.P.No.130 of 2009 before this Court praying to transfer H.M.O.P.No.102 of 2009 from the file of the Principal Subordinate Judge, Thanjavur to the file of the Principal Subordinate Judge, Tiruchirappalli. After hearing the arguments advanced on either side, this Court passed the following order in the said Tr.C.M.P. On 23.10.2009:- “In fine, the Transfer Civil Miscellaneous Petition is allowed, withdrawing H.M.O.P.No.102 of 2009, pending on the file of the Principal Sub-Court, Tanjore and H.M.O.P.No.309 of 2009, pending on the file of Principal Sub-Court, Tiruchy and transfer the same to the file of Sub-Court, Pudukkottai for disposal in accordance with law. The learned Subordinate Judge, Pudukkottai is directed to dispose of both the cases within a period of three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.” https://hcservices.ecourts.gov.in/hcservices/ 2 Thereafter, both the HMOPs were transferred to the file of the Subordinate Court, Pudukottai and H.M.O.P.Nos.102 of 2009 and 309 of 2009 were renumbered as H.M.O.P.Nos.240 of 2009 and 239 of 2009 respectively. Even though this Court has directed the Subordinate Court, Pudukottai to dispose of both the HMOPs within a period of three months, due to number of witnesses involved in the case, the matter has been taken up daily and posted for taking further evidence, on 03.08.2011. In the mean time, the petitioner-husband filed I.A.No.171 of 2009 in H.M.O.P.No.240 of 2009 under Section 26 of the Hindu Marriage Act, 1955 for taking custody of the child. Another application in I.A.No.72 of 2011 was also filed before the Court on 14.06.2011 to grant permission for visiting the minor son once in a week. Therefore, the petitioner herein/ husband requested the Court to dispose of I.A.No.171 of 2009 filed under Section 26 of the Hindu Marriage Act, 1955. The petitioner-husband also requested that he may be permitted to visit the minor son in a place convenient to the respondent-wife. 2.Learned counsel for the respondent-wife vehemently contended that suitable directions may be given to the trial Court to take up and dispose of both the above I.As. 3.Learned counsel for the petitioner-husband has submitted that a suitable direction may be given to the Trial Court to take up I.A. No.171 of 2009 in H.M.O.P.No.240 of 2009 filed by the petitioner for custody of child under Section 26 of the Hindu Marriage Act, 1955, within a stipulated time. 4.Heard the learned counsel appearing on either side and perused the materials available on record. After considering the facts and circumstances of the case and in the interest of justice, the learned Subordinate Judge, Pudukottai is directed to dispose of I.A.No.72 of 2011 filed by the petitioner-husband for visiting the minor son, after giving opportunity to both the parties, in accordance with law, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of a copy of this order. In respect of I.A.No.171 of 2009 filed for the custody of the child, the Subordinate Judge, Pudukottai is directed to dispose of the same along with the H.M.O.Ps. filed by the petitioner and the respondent herein. 5.The Civil Revision Petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs. Ns/KM Sd/- Assistant Registrar[Records] /True copy/ To Sub Assistant Registrar The Subordinate Judge, Pudukottai. +1 cc to Mr.R.Sundar, Advocate SR.No.26815. C.R.P.(PD)(MD).No.912 of 2011 Dated:08.08.2011 2P/3C RPB 25.08.2011 https://hcservices.ecourts.gov.in/hcservices/