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Madras High CourtCRL OP(MD)/1103/2022allowed

G.R. Vidhya v. Vijay Noble

2022-01-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.1103 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.1103 of 2022 1.G.R.Vidhya 2.Vivaan (minor) ... Petitioners vs.

Vijay Noble ... Respondent PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to issue a direction directing the learned Judicial Magistrate No.1, Nagercoil to dispose Crl.M.P.No.280 of 2021 in M.C.No.13 of 2015 within time frame in accordance with law. For Petitioners : Mr.M.Suresh

O R D E R

Heard the learned counsel appearing for the petitioners.

2. Considering the nature of relief to be granted, issuance of notice to the respondent is dispensed with.

3. The petitioners filed M.C.No.13 of 2015 on the file of the Judicial Magistrate No.I, Nagercoil. It was ordered on 13.04.2018.

4. The case of the petitioners is that the order passed by the court below was not properly complied with. Hence, they filed Crl.M.P.No.280 of 20221 for enforcing the same. The grievance of the petitioners is that the said petition is being dragged on indefinitely by the respondent.

5. Since the matter pertains to maintenance of the wife and child, the court below is directed to ensure that the respondent does not adopt any dragging on tactics. In any event, the learned Judicial Magistrate No.1, Nagercoil is directed to dispose of Crl.M.P.No.280 of 2021 on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order.

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Crl.O.P.(MD)No.1103 of 2022

6. This Criminal Original Petition is allowed on these terms. Sd/- Assistant Registrar (AD-II) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judicial Magistrate No.1, Nagercoil.

+1 CC to M/s.M.SURESH, Advocate ( SR-2316[F] dated 25/01/2022 ) Crl.O.P.(MD)No.1103 of 2022 24.01.2022 RK(07/02/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2