K.Uma v. K. Parthiban

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM:

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN K. Uma .. Petitioner

Versus

1.K. Parthiban 2.M. Karunanithi 3.K. Nirmala .. Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, prays to direct the learned Magistrate, Special Court to try cases filed under the Protection of Women from Domestic Violence Act, Coimbatore, to dispose of the Domestic Violence Case in DVA.No. 57 of 2022 within a stipulated time frame fixed by this Court. For Petitioner :

Mr.B. Mohan ---

ORDER

This Civil Revision Petition has been filed seeking a direction to dispose of the Domestic Violence Case in DVA.No. 57 of 2022 pending on the file of the learned Magistrate, Special Court for Protection of Women from Domestic Violence Act, Coimbatore.

2.

The case of the petitioner is that the marriage was solemnized between the petitioner/wife and the 1st respondent/husband on 27.05.2020. After the marriage, there was some difference of opinion between them, the petitioner has filed a Domestic Violence Case against the 1st respondent along with her in-laws before the learned Magistrate, Special Court for Protection of Women from Domestic Violence Act, Coimbatore, in DVA.No. 57 of 2022. Since there was no progress in the said case, the petitioner has come forward with the present Civil Revision Petition seeking a direction to dipose of the said Domestic Violence Case. 3.

The learned counsel for the petitioner submitted that the above Domestic Violence Case was filed by the petitioner, till date, trial has not commenced by the Court below and the respondent to drag on the proceedings without any proper reason and the matter is adjourned without any progress. Hence, he seeks a direction to the Court below to dispose of the Domestice Violence Case.

4.

Considering the aforesaid facts and circumstances of the case, as well as in view of the submissions made by the learned counsel for the petitioner, this Court directs the Court below to dispose of the DVA.No.

57 of 2022 pending before the learned Magistrate, Special Court for Protection of Women from Domestic Violence Case, Coimbatore, as expeditiously as possible without giving unnecessary adjourments to the parties. The parties are directed to co-operate for trial. 5.

With the above directions, the Civil Revision Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

25.07.2023 Index : Yew/No Speaking Order : Yes/No msm

To

1. The Magistrate, Special Court for Protection of Women from Domestic Violence Case, Coimbatore.

3. The Section Officer, High Court, Madras.

V. BHAVANI SUBBAROYAN, J msm 25.07.2023