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Madras High CourtCRP/1746/2021ordered

G.Radha v. C.Devasenapathy

2021-08-31Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2021

CORAM:

THE HONOURABLE Mr. JUSTICE G.CHANDRASEKHARAN (Through Video Conference)

1) D.Radha

2) Minor D.Praghul Raja .. Petitioners

Versus

C.Devasenapathy .. Respondent PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India to direct the learned Judicial Magistrate, Palladam for expeditious time bound disposal of Crl.M.P.No.987 of 2020 in D.V.A.No.7 of 2016 pending on the file of the Judicial Magistrate, Palladam. For Petitioners : Mr.T.Balaji ****** O R D E R This Civil Revision Petition is filed to give a direction to the learned Judicial Magistrate, Palladam for expeditious and time bound disposal of Crl.M.P.No.987 of 2020 in D.V.A.No.7 of 2016.

2. The learned counsel for the petitioner submitted that the petitioner filed D.V.A.C.No.7 of 2016 against the respondent and others under Section 29 of the Protection of Woman from Domestic Violence Act, 2005 seeking for the relief of providing compensation and maintenance to the petitioner and her minor son.

3. The learned Judicial Magistrate, Palladam ordered the respondent to pay Rs.35,000/- per month as maintenance. The claim with regard to compensation was negatived. Against the said order of granting maintenance, the respondent preferred an appeal in C.A.No.120 of 2018 before the learned I Additional District and Sessions Judge, Tiruppur. That appeal came to be dismissed on 10.03.2021. There appears no further proceedings against the dismissal of C.A.No.120 of 2018. Therefore, the order of granting maintenance at the rate of Rs.35,000/- per month became final.

4. There is an arrear of Rs.12,49,000/- as on date of filing this petition to be paid by the respondent. Therefore, the petitioner filed Crl.M.P.No.987 of 2020 in D.V.A.No.7 of 2016 for realizing the arrear amount. The respondent

filed a counter and the learned counsel for the petitioners has made submissions. However, the petition is still pending for the submission of the respondent and is not yet disposed.

5. In the above facts and circumstances of the case, the learned Judicial Magistrate, Palladam is directed to dispose of Crl.M.P.No.987 of 2020 in D.V.A.No.7 of 2016 as expeditiously as possible, preferably within a period of one(01) month from the date of receipt of a copy of this order. Accordingly, this Civil Revision Petition is Ordered. No costs. 31.08.2021 Speaking Order / Non-Speaking Order Index: Yes / No sts/gd To:

The Judicial Magistrate, Palladam.

G.CHANDRASEKHARAN, J., sts/gd Order made in Dated:

31.08.2021