Madras High CourtCRP(MD)/2955/2023disposed of

R.Shylin v. R.Rajesh

2023-11-09Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.R.Shylin 2.R.Rhodesh 3.R.Rhinnah (R2 and R3 represented through natural guardian mother-1st petitioner ... Petitioners Vs.

1.R.Rajesh 2.Sarasam 3.Nithya 4.Albin 5.Roji ... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to issue a direction to dispose the complaint in DVC.No.31 of 2022 on the file of the Judicial Magistrate No.II, Padmanabhapuram.

For Petitioners : Mrs.M.S.D.Ramya 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in DVC.No.31 of 2022, pending on the file of the Judicial Magistrate No.II, Padmanabhapuram, within a specified time fixed by this Court.

2.I have heard the learned counsel appearing for the revision petitioners. Since the revision petition is filed for early disposal of the case, the issuance of notice to the respondents is not necessary. 3.It is not in dispute that the marriage between the first petitioner and the first respondent was solemnized on 14.09.2014. It is evident that the revision petitioner has filed a complaint under Sections 18(a)(e)(c), 19(8), 20 and 22 of the Protection of Women from Domestic Violence Act, against the respondents in DVC.No.31 of 2022 on the file of the Judicial Magistrate No.II, Padmanabhapuram.

4.No doubt, as rightly pointed out by the learned counsel appearing for the revision petitioner, Section 12(5) of the Protection of Women from Domestic Violence Act contemplates that the Magistrate shall endeavour 2/4

to dispose of every application made under Sub-section 1 within a period of 60 days from the date of its first hearing. No doubt, the petition is pending for the past one year.

5.Considering the above, the learned Judicial Magistrate No.II, Padmanabhapuram, is directed to complete the proceedings in DVC.No.31 of 2022 as early as possible, in the light of the time limit stipulated in the statute itself.

6.With the above direction, this Civil Revision Petition is disposed of. No costs.

09.11.2023 NCC :yes/No Index :yes/No Internet:yes/No gns To The Judicial Magistrate No.II, Padmanabhapuram. 3/4

K.MURALI SHANKAR,J.

gns 09.11.2023 4/4