Madras High CourtCRP(MD)/2783/2023disposed of

Mamtha v. Alagu Ramasamy

2023-11-01Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Mamtha ... Petitioner/ Petitioner Vs.

1. Alagu Ramasamy

2. Rajaram

3. Prema

4. Subbulakshmi @ Suba

5. A.P.K.Ramamoorthi ... Respondents/ Respondents Prayer : This Civil Revision Petition filed under Article 227 of Constitution of India, to pass an order of speedy disposal of the above petition in D.V.C.No.16 of 2023 pending on the file of the Judicial Magistrate No.II, Kovilpatti within the time stipulated by this Court. For Petitioner : Mr.S.Ramasamy 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in D.V.C.No.16 of 2023, pending on the file of the Judicial Magistrate No.II, Kovilpatti, within a specified time fixed by this Court.

2. I have heard the learned counsel appearing for the revision petitioner. 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 revision petitioner and the first respondent was solemnized on 06.06.2019. It is evident that the revision petitioner has filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, against the respondents in D.V.C.No.16 of 2023 on the file of the Judicial Magistrate No.II, Kovilpatti and that the case was posted on 13.10.2023 for petitioner's side evidence.

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 2/4

Domestic Violence Act contemplates that the Magistrate shall endeavour 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 6 months.

5. Considering the above, the learned Judicial Magistrate No.II, Kovilpatti, is directed to complete the proceedings in D.V.C.No.16 of 2023 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.

01.11.2023 NCC :yes/No Index :yes/No Internet:yes/No csm To

1. The Judicial Magistrate No.II, Kovilpatti 2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR ,J.

csm Order made in Dated : 01.11.2023 4/4