Minor Suwetha v. Francis Saviyur

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Minor Suwetha, F/12 years D/o. Francis Saviyur, Represented by her Guardian Jebamalaimary W/o. Rajamanickam ... Petitioner Vs.

Francis Saviyur ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the learned Judicial Magistrate I, Mettur, Salem District to complete the trial in M.C.No.9 of 2016 within the time as stipulated by this Court. For Petitioner : Mr.D.Senthil Kumar

ORDER

This Criminal Original petition has been filed to direct the learned Judicial Magistrate I, Mettur, Salem District to complete the trial in M.C.No.9 of 2016 within the time as stipulated by this Court. 1/4

2.The learned Counsel appearing for the petitioner submitted that the petitioner is a minor and filed maintenance petition under Section 125 of Cr.P.C., before the learned Judicial Magistrate I, Mettur, Salem District in M.C.No.9 of 2016 against the respondent, seeking for maintenance of Rs.10,000/- every month. However, the trial has not been concluded and protracted for more than six years. Hence, the present petition has been filed.

3. I have considered the submission of the learned counsel appearing for the petitioner.

4. On perusal of records, it reveals that the petitioner is a minor and filed the maintenance petition before the learned Judicial Magistrate I, Mettur, Salem District in M.C.No.9 of 2016, seeking for maintenance of Rs.10,000/- every month and the case is pending for more than six years. Now, the case has been posted for cross examination of PW2.

5. Since the case is pending for more than 6 years, the learned Judicial Magistrate I, Mettur, Salem District is directed to dispose of the case in M.C.No.9 of 2016, on merits, in accordance with law, within a period of two months from the date of receipt of a copy of this order. 2/4

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

14.10.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order shk To

1. The learned Judicial Magistrate I, Mettur, Salem District 3/4

V.SIVAGNANAM, J.

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