Madras High CourtCRL OP/33959/2019disposed of

Janaki v. Manickam@ Thanikachalam

2019-12-18Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2019

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.33959 of 2019

1. Janaki

2. Krithick(minor) represented by mother and guardian Ms.Janaki ... Petitioners Vs.

Manickam @ Thanikachalam ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to direct the learned Principal Family Judge, Coimbatore to dispose of the M.P.No.149 of 2018 in M.C.No.249 of 2019 pending on its file within a time frame.

For Petitioner : Mr.AR.M.Arunachalam

ORDER

This petition has been filed by the petitioners to direct the Principal Family Court Judge, Coimbatore to dispose of the M.P.No.149 of 2018 in M.C.No.249 of 2017 at early.

2. The learned counsel for the petitioners has submitted that the first petitioner is the wife and the second petitioner is the minor child of the respondent. He further submitted that the petitioners herein have filed M.C.No.249 of 2017 under Section 125 of Cr.P.C for seeking maintenance before the Principal Family Court Judge, Coimbatore and the same was taken on file in M.C.No.249 of 2017 and during pendency of the said case, the petitioners have filed MP.No.149 of 2018 seeking interim maintenance. He further submitted that though the MP.No.149 of 2018 was filed in the year 2018 itself, for the past one year, no progress being made in the said petition and hence, the petitioners are not able to maintain themselves and hence, he requests to direct the trial court to dispose of the said miscellaneous petition in MP.No.149 of 2018 at early. 1/2 https://hcservices.ecourts.gov.in/hcservices/

3. Considering the fact that the M.C.No.249 of 2017 is pending for the past two years, this court is of the view that instead of directing the trial court to dispose of the MP.No.149 of 2018, the trial court has to be directed to dispose of the main case itself at early.

4. In the result, the learned Principal Family Court Judge is directed to dispose of the M.C.No.249 of 2017 as early as possible, preferably, within three months from the date of receipt of a copy of this order.

5. With the aforesaid direction, this petition is disposed of.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To The Principal Family Judge, Coimbatore.

AKM/20.12.19/2P-2C / Crl.O.P.No.33959 of 2019 2/2 https://hcservices.ecourts.gov.in/hcservices/