Madras High CourtCRL OP(MD)/11493/2026disposed of

Selvi v. Swaminathan

2026-06-18Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.11493 of 2026

1. Selvi

2. Minor Karthikeyan Rep by the 1st Petitioner.

3. Minor Kavisri Nachiyar Rep by the 1st Petitioner.

...Petitioners

1. Swaminathan

2. Panjacharam

3. Maruthaiye

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the learned Judicial Magistrate, Thirumangalam, to expeditiously dispose the petition in D.V.O.P.No.4 of 2025 on the file of learned Judicial Magistrate, Thirumangalam, in accordance with law within the time fixed by this Court.

For Petitioners : M/s.R.Alagumani 1/4

ORDER

The present petition has been filed by the complainant in D.V.O.P.No.4 of 2025, on the file of learned Judcial Magistrate, Thirumangalam, seeking expeditious disposal of the case.

2. According to the learned Counsel appearing for the petitioners, the first respondent was said ex-parte on 13.05.2026, and the second and the third respondents have been set ex-parte on 12.06.2026. For recording ex-parte evidence of the complainant, it has been adjourned by three months to 11.09.2026. Therefore, the present petition has been filed.

3. According to the learned Counsel appearing for the petitioners, in view of Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, the learned Judge has to see that the complaint is diposed of within a period of 60 days from the date of its first hearing.

4. I have considered the submissions made on the side of the petitioner and perused the materials available on record. 2/4

5. As could be seen from the diary extracts, for recording exparte evidence, the matter has been adjourned by three months. This would be clearly in violation of Section 12(5) of the Protection of Women from Domestic Voilence Act, 2005. In such circumstances, there shall be a direction to the learned Judicial Magistrate , Thirumangalam, to see that the exparte evidence is recorded and the case is disposed of on merits on or before 31.07.2026.

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

18.06.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The learned Judicial Magistrate, Thirumangalam.

3/4

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.11493 of 2026 18.06.2026 4/4