R.Munishwari v. Karthick

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN R.Munishwari .. Petitioners/Complainant Vs.

1.Karthick 2.Karuppasamy 3.Seethalakshmi 4.Praba .. Respondents /Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the learned Judicial Magistrate, Rajapalayam, Virudhuanagar District to dispose DVC.No.9 of 2022 on the file of the learned Judicial Magistrate, Rajapalayam within the time frame.

For Petitioners: Mr.S.Lenin Prabu

O R D E R

This Civil Revision Petition has been filed to direct the learned Judicial Magistrate, Rajapalayam, Virudhuanagar District to expedite the proceedings in DVC.No.9 of 2022 and dispose the same Page No.1/4

within a period stipulated by this Court.

2. The petitioner filed a petition, under Section 12,18,19 and 20 of the Domestic Violence Act seeking residence and protection and maintenance for herself of Rs.15,000/- and also under Section 22 of the Act for permanent settlement, against the respondents herein, before the learned Judicial Magistrate, Rajapalayam. The learned Magistrate taken cognizance in DVC.No.9 of 2022. The petitioner is the resident of Rajapalayam and she entered into appearance regularly. The defendants also filed counter. Inspite of the fact that counter was filed on 05.02.2023 still the matter is not concluded. Further he submitted that the petitioner filed under Section 12 of the Domestic Violence Act ought to have disposed of by the trial Court within 60 days of its filing. But even after lapse of several months it is not disposed of and kept pending for enquiry. Hence, he seeks speedy disposal of the DVC.No.9 of 2022.

3. Heard the learned counsel for the petitioner and perused the materials available on record.

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4. Hence, considering the grievance of the petitioner and also considering the facts and circumstances of the case, this Court directs the learned Judicial Magistrate, Rajapalayam, Virudhuanagar District to expedite the proceedings in DVC.No.9 of 2022 and dispose the same within the time stipulated as per Section 12 of the Domestic Violence Act.

5. With the above direction, this Civil Revision Petition is disposed of. No Costs.

02.01.2024 Index : Yes/No Internet : Yes/No NCC : Yes/No PJL To

1. The Judicial Magistrate, Rajapalayam, Virudhuanagar District.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

PJL 02.01.2024 Page No.4/4