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Madras High CourtCRP(MD)/3023/2023disposed of

Pothumani v. Kannan

2023-11-20Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Pothumani 2.K.Sharmila ... Petitioners Vs.

1.Kannan 2.Indhira ... Respondents Prayer : This Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Judicial Magistrate, Melur, Madurai District to dispose of the case in DVC.No.9 of 2021 pending on the file of the learned Judicial Magistrate, Melur, Madurai District in speedy manner and within a time stipulated by this Court. For Petitioners : Mr.S.Sukumar 1/4

ORDER

The Civil Revision Petition has been filed seeking a direction to dispose of the petition in D.V.C.No.9 of 2021 , pending on the file of the learned Judicial Magistrate, Melur, Madurai District, 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 19.06.1997. It is evident that the petitioners have filed a complaint under Sections 18, 17, 19, 20(3) and 22 of the Protection of Women from Domestic Violence Act, against the respondents in D.V.C.No.9 of 2021 on the file of the Judicial Magistrate, Melur, Madurai District.

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 two years.

5.Considering the above, the learned Judicial Magistrate, Melur, Madurai District, is directed to complete the proceedings in D.V.C.No.9 of 2021 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.

20.11.2023 NCC :yes/No Index :yes/No Internet:yes/No gns To The Judicial Magistrate, Melur, Madurai District 3/4

K.MURALI SHANKAR,J.

gns 20.11.2023 4/4