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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.“

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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

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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)  

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