B. Lalithkumar Bafna v. M.Sneha Jain

ORDER Heard Mr. K.Palmurugan, Learned Counsel for the Petitioner and Mr. V.Pandian, Learned Counsel for the Respondent, and perused the materials placed on record, apart from the pleading of the parties.

¶2This Civil Revision Petition under Article 227 of the Constitution of India has been filed to expedite the disposal in H.M.O.P. No. 55 of 2023 on the Family Court, Madurai (hereinafter referred to as 'the Trial Court' for short).

¶3This Court, during earlier hearing on 30.04.2024, had passed the following order:- "2. The Family Court, Madurai shall send a report as to whether there is any impediment for conducting further proceedings in H.M.O.P. No. 55 of 2023 and if so, explain the reasons for the same, before the next hearing."

¶4In furtherance to the said order, the Trial Court has sent a report dated 04.06.2024, which reads as follows:- "I humbly submit that the petitioner/husband filed HMOP. No. 55/2023 on 19.01.2023 seeking dissolution of Marriage U/s 13(1)(ia) of Hindu Marriage Act. Thereafter the petitioner/wife filed MC. No. 68/2023 seeking maintenance U/s 125 Crpc on 11.04.2023. After appearance of the both parties, the said HMOP No. 55/2023 was referred to counselling and mediation. But not been settled. On 20.01.2024 both parties were present and on request the case is referred to Lok adalath premediation talks and now the said cases HMOP No. 55/2023 and MC. No. 68/2023 was referred to National Lok adalath on 08.06.2024. I further submit that there are more than 3500 main cases and 1280 miscelleonus are pending on the file of Family Court, Madurai. Further there are 174 more than five year old cases and 21 cases with direction of Hon'ble High Court to dispose them with in a specified period are pending and they are posted weekly once for enquiry. Therefore, this court has taken the cases for enquiry in the list on seniority wise. Now OP's of the year 2019 and MC of the year 2021 are being posted in the ready list of enquiry and in usual course the cases pertaining to the year 2021 may be taken for enquiry in the year 2025. Further in urgent situation's the parties are filing petitions to over look the seniority and this court decide the same on merits and if the parties are in real emergency, the cases are being taken up for enquiry overlooking seniority."

¶5As it is informed that presently the Family Court, Madurai, is taking up cases of the year 2019, it is not possible for the Trial Court to take a case out of turn. However, if the Petitioner so requires, he may file an application under Order 26 of the Civil Procedure Code to appoint an Advocate Commissioner at his costs for recording his evidence, which shall also be videographed. If the evidence is fully recorded through Advocate Commissioner, the matter then be taken up for passing orders. In the result, the Civil Revision Petition is disposed on the aforesaid terms. No costs.

21.01.2026 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu To

1.The Family Court, Madurai.

2.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

N.SENTHILKUMAR, J. Indu

21.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR B.Lalithkumar Bafna ... Petitioner/Petitioner Vs. M.Sneha Jain ... Respondent/Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, for expeditious disposal of the HMOP made in H.M.O.P. No. 55 of 2023 on the file of the Family Court, Madurai. For Petitioner : Mr. K.Palmurugan For Respondent : Mr. V.Pandian