Madras High CourtCRP(MD)/673/2023disposed of

Irfana Nasreen, v. M. Asik Ali

2023-03-14Honourable Mr Justice C. Saravanan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Irfana Nasreen, D/o.Sheikh Davooth .. Petitioner

Versus

1.M.Asik Ali 2.Mohamed Ali 3.Junaitha Begam .. Respondents Prayer :- Petition filed under Article 227 of the Constitution of India, praying for a direction to the lower Court for expeditious disposal of D.V.C.No.116 of 2022, on the file of the Additional Mahila Court (Magisterial Level), Madurai, within a time frame to be fixed by this Court and allow this Civil Revision Petition. For Petitioner :

Mr.N.Mohideen Basha

ORDER

This Civil Revision Petition is disposed of at the admission stage itself after dispensing with notice on the respondents, as no adverse order is proposed to be passed against them in the present Civil Revision Petition.

2. This Civil Revision Petition has been filed seeking a direction to the learned Judge, Additional Mahila Court (Magisterial Level), Madurai, for expeditious disposal of D.V.C.No.116 of 2022, within a time frame. 1/3

3. Section 12 (5) of the Protection of Women from Domestic Violence Act, 2005, contemplates that the Magistrate, before whom an aggrieved person files an application under sub-section (1) seeking one or more reliefs, shall endeavour to dispose of the same within a period of sixty days from the date of its first hearing. It appears that the hearing was completed on 27.12.2022 in the said D.V.C. filed by the petitioner on 21.03.2022 and now, almost a period of one year has lapsed. Despite the same, no order has been passed.

4. Considering the above, there shall be a direction to the learned Judge, Additional Mahila Court (Magisterial Level), Madurai, to dispose of D.V.C.No.116 of 2022, within a period of six weeks from the date of receipt of a copy of this order. Needless to state that before passing such order, the respondent shall be heard.

5. This Civil Revision Petition stands disposed of with the above direction. No costs.

NCC : Yes/No 14.03.2023 Index : Yes/No Internet : Yes/No smn2 To The Judge, Additional Mahila Court (Magisterial Level), Madurai.

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C.SARAVANAN, J.

smn2 Order made in 14.03.2023 3/3