RAM VENUPRASAD Vs. SHILPA PILLAI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5392 of 2016, Judgment Date: Jun 29, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.5392 OF 2016
                (Arising out of SLP (C)No.16083 of 2016 @ of
             CC No.9059 of 2016)

      RAM VENUPRASAD                                    APPELLANT

                                  VERSUS

      SHILPA PILLAI                                    RESPONDENT


                               J U D G M E N T

      KURIAN,J.

1.    Delay condoned.
2.    Leave granted.
3.    The appellant is aggrieved since the Third  Additional  Family  Court,
Chennai was not taking steps  to  dispose  of  his  case  in  spite  of  the
direction of the High Court in the judgment dated 29.06.2015 to  dispose  of
the case within a period of three months. When the  matter  came  up  before
this Court, the following order was passed:
“It is seen from the impugned Judgment that the  High   Court  had  directed
the Third Additional Family Court, Chennai, to dispose of H.M.O.P. No.  1606
of 2014 within a period of three  months  from  the  date  of  the  impugned
Judgment. The impugned Judgment was delivered on 29.06.2015.
It is reported that even after almost an year, the said case is  not  likely
to be disposed of.
The Registry is directed to call for a  report  from  the  Third  Additional
Family Court, Chennai, as to what is the reason for  not  disposing  of  the
above referred case within the time g  ranted by the High Court. The  report
should reach before this Court within four weeks from today.
Post the matter along with the report on 29.06.2016.“


4.    The Third Additional Family Court,  Chennai  has  forwarded  a  report
dated 30.05.2016 to this Court stating therein that only because of the non-
cooperation on the part of the respondent/wife, the  disposal  of  the  case
was delayed.  Now, respondent/wife has  filed  her  counter  affidavit.  The
Family Court has also reported that the case will be taken up on  a  day-to-
day basis and the same will be disposed of expeditiously.  We  are  informed
that the matter now stands posted to 12th July, 2016.  We direct  the  Third
Additional Family Court, Chennai to conduct the trial  on  day-to-day  basis
and dispose of H.M.O.P. No. 1606  of  2014  on  or  before  31.08.2016.  The
appellant is directed to produce the copy of the judgment before the  Family
Court.
5.    The appeal is disposed of with no order as to costs.

                                                    .................J.
                                                   [KURIAN JOSEPH]


                                                 ....................J.
                                           [ROHINTON FALI NARIMAN]

NEW DELHI;
 JUNE 29,2016



ITEM NO.20               COURT NO.11               SECTION XII

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C).......... of 2016
                                       (CC  No.9059/2016)

(Arising out of impugned final judgment and order dated  29/06/2015  in  CMA
No. 833/2015 passed by the High Court of Madras)

RAM VENUPRASAD                                     Petitioner(s)

                                VERSUS

SHILPA PILLAI                                      Respondent(s)

(with c/delay in filing SLP)

Date : 29/06/2016 This petition was called on for hearing today.

CORAM :
         HON'BLE MR. JUSTICE KURIAN JOSEPH
         HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

For Petitioner(s)       Mr. Sidharth Luthra, Sr. Adv.
                        Ms. Supriya Juneja, Adv.
                        Mr. Anoopam Prasad, Adv.
                     Ms. Gargi Khanna,Adv.
                        Ms. Mehaak Jaggi, Adv.

For Respondent(s)

          UPON hearing the counsel the Court made the following
                             O R D E R

              Delay condoned.
              Leave granted.
The appeal is disposed of in terms of signed non-reportable judgment.
              Pending application(s) shall stand disposed of.


        (Rajni Mukhi)                      (Chander Bala)
       SR. P.A.                              COURT MASTER
       (Signed non-reportable Judgment is placed on the file)