J.Deepika v. Jaishankar B @ Jaishankar Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7826 of 2022 J.Deepika ... Petitioner Vs.

Jaishankar B @ Jaishankar Babu ... Respondent PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Presiding officer learned V Additional Family Court, Chennai to dispose expeditiously the case in M.C.No.503 of 2021 ( On the file of V Additional Family Court, Chennai) on day to day basis as fixed by this Court by allowing this Original Petition.

For Petitioner : Mr.R.Y.George Williams

O R D E R

This Criminal Original Petition has been filed to direct the Presiding Officer, V Additional Family Court, Chennai to dispose expeditiously the case in M.C.No.503 of 2021 ( On the file of V Additional Family Court, Chennai) on day to day basis as fixed by this Court by allowing this Original Petition. 2.The learned counsel appearing for the petitioner would submit that the Petitioner got married to the Respondent on 16.05.2016 according to Hindu rites and customs. Out of the wedlock, they have a male child aged three years old. He would submit that the petitioner deserted from the respondent due to matrimonial dispute and thereby, she had filed a maintenance case before the learned V Additional Family Court, Chennai in M.C.No.503 of 2021. However, the Trial Court has posted the matter after three months.

He would further submit that the proviso to Section 125 (d) of Cr.P.C provides that an application for interim maintenance has to be disposed of, as far as possible, within a period of sixty days from the date of the service of notice of the application to such person. He would submit that the petitioner and her child are suffering without https://hcservices.ecourts.gov.

any maintenance. Thereby, the present petition has been filed to expedite the trial as far as possible.

4. In view of the above, direction is issued to the learned V Additional Judge, Family Court, Chennai to dispose the interim maintenance Application within a period of sixty days from today and after the disposal of the interim maintenance application, the Trial Court shall also take steps to dispose the M.C.No.503 of 2021 as expeditiously as possible preferably, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar shk/sai To 1.The Presiding Officer, V Additional Family Court, Chennai +1cc to Mr.R.Y.George Williams, Advocate SR.No.23540 Crl.O.P.No.7826 of 2022 SKM(CO) CB(22/04/2022) https://hcservices.ecourts.gov.in/hcservices/