Mrs.E.Kanchana, F/A 35 Years, v. Mr.Sakthivel, M/A 40 Years,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.09.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.21610 of 2018 E.Kanchana
...Petitioner
Vs
1. Sakthivel
2. Subbulakshmi
3. Subramanian
...Respondents
Criminal Original Petition filed under Section 482 Cr.P.C. to modify the order dated 05.07.2018 in Crl.M.P.No.453 of 2018 in D.V.C.No.1 of 2017 on the file of the learned District Munsif-cum-Judicial Magistrate, Uthiramerur and allow the Crl.M.P.No.453 of 2018 as prayed for.
For Petitioner : Mr.R.Ganesh Kumar
O R D E R
The petitioner is challenging the order in Crl.M.P.No.453 of 2018 in D.V.C.No.1 of 2017 passed by the learned District Munsif-cum-Judicial Magistrate, Uthiramerur on 05.07.2018, under the provisions of Domestic Violence Act.
2. Heard Mr.R.Ganesh Kumar, learned counsel for the petitioner, who submitted that the first respondent/husband is a practicing advocate in Kancheepuram District and that he deliberately prolonged the proceedings.
3. Under Section 29 of the Domestic Violence Act, the appeal is provided to the Session Court against the order passed by the Magistrate. Hence this petition is closed with liberty to the petitioner to work out the remedy before the Sessions Court. The time spent by the petitioner before this Court from 04.09.2019 to 09.09.2018, in this regard, shall stand exclude while computing the period of limitation prescribed under Section 29 of the Domestic Violence Act.
https://hcservices.ecourts.gov.in/hcservices/
4. Registry is directed to return the Original impugned order dated 05.07.2018 in Crl.M.P.453 of 2018 passed by the learned District Munsif-cum-Judicial Magistrate, Uthiramerur to the learned counsel for the petitioner, after retaining the certified photo copy of the same.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vji/rts To 1.The District Munsif-cum-Judicial Magistrate, Uthiramerur 2.The Section Officer, Current Section, High Court, Madras.
+1cc to Mr.R.Ganesh Kumar, Advocate, S.R.No.61556 Crl.O.P.No.21610 of 2018 GSP(06/09/2018) https://hcservices.ecourts.gov.in/hcservices/