ORDER

P.N. Prakash, J.—This petition has been filed to call for the records pertaining to M.C.No.65 of 2014 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

2. For the sake of convenience, the parties will be referred to by their name.

3. There is suppression in the petition in Crl.O.P.No.9875 of 2016 that has been filed by Mohamed Hussain and five others, on which ground itself, this petition deserves to be dismissed with exemplary costs.

4. Tharvej Bhanu got married to Aboobakar Kalim [for short “Kalim”] on 04.01.2006 and through the wedlock, the couple have a child Humid (minor). It appears that their marriage ran into rough weather resulting in the spouses getting estranged. Tharvej Bhanu initiated proceedings under the Protection of Women from Domestic Violence Act in M.C.No.65 of 2014 before the XXIII Metropolitan Magistrate, Saidapet, against Kalim/husband, Mohamed Hussain (father-in-law), Zareena Hussain (mother-in-law), Fakrudeen Ahmed (brother-in-law), Syed Ibrahim (brother-in-law), Bousiya, wife of Fakrudeen Ahmed (co-sister) and Salima, wife of Syed Ibrahim (co-sister) for various reliefs. Challenging the proceedings, except Kalim, the others have filed the present petition, Crl.O.P.No.9875 of 2016, for quashing the same on various grounds, the principal ground being, there was no domestic relationship between Tharvej Bhanu and her in-laws [the petitioners in Crl.O.P.No.9875 of 2016].

5. The petitioners had also filed Crl.M.P.No.5206 of 2016 in Crl.O.P.No.9875 of 2016 for stay of the proceedings before the trial Court. When the quash petition came up for admission before this Court on 21.06.2016, this Court felt that Tharvej Bhanu and Humid (minor) required to be paid a reasonable amount per month as maintenance and therefore, this Court passed the following order:

“Notice of motion returnable by 19.07.2016. Private notice is also permitted.

2. The presence of the petitioners before the trial Court is dispensed with on condition that the petitioners shall ensure that Aboobacker Kaalim, who is the husband of the first respondent and father of the second respondent, deposits a sum of Rs.5,000/- before 5th day of every English calendar month to the credit of M.C.No.64 of 2014 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai, as ad-interim maintenance, without prejudice to both the parties. On such deposit the first respondent - wife is entitled to withdraw the same.

3. For the month of June 2016, the said sum of Rs.5,000/- shall be deposited on or before 29.06.2016, failing which, the trial Court can insist upon the presence of the petitioners. The pendency of this case shall not be a bar for the trial Court to proceed with the case as against the said Aboobacker Kaalim.

Post on 19.07.2016.”

6. Tharvej Bhanu entered appearance in Crl.O.P.No.9875 of 2016 and her counsel brought to the notice of this Court that the interim order dated 21.06.2016 has not been complied with till date.

7. Mr.R.Narendran, learned counsel for the petitioners/in-laws submitted that the interim order was directed only as against Kalim, who is not a petitioner and that he had sent a notice to Kalim, which had returned unserved.

8. During the course of these submissions, the following facts came to the notice of this Court. As stated earlier, Tharvej Bhanu filed M.C.No.65 of 2014 against her husband Kalim and in-laws before the XXIII Metropolitan Magistrate, Saidapet and in Crl.M.P.No.2828 of 2014, she had prayed for certain interim orders under the Protection of Women from Domestic Violence Act.

9. Notice was served on Kalim and the respondents in M.C.No.65 of 2014 and they had entered appearance before the XXIII Metropolitan Magistrate, Saidapet and had contested the interim application, Crl.M.P.No.2828 of 2014, tooth and nail. After hearing both sides, the learned XXIII Metropolitan Magistrate had passed orders in Crl.M.P.No.2828 of 2014 in M.C.No.65 of 2014 on 31.12.2014 d