ORDER

The present petition has been filed seeking issuance of a Writ of Mandamus directing the Magistrate to consider the petitioner's request and grant relief pursuant to the petitioner's representation dated 22.08.2021.

2. Mrs. C. Sangamithirai, Special Government Pleader, takes notice for the 1st respondent and Mr. R. Murthi, Government Advocate (Crl.Side)

takes notice for respondents 2 & 3.

th

3. It is the case of the petitioner that she was married to the 4 th respondent on 22.6.1981, but ever since the marriage, the 4 respondent has been neglecting her till his superannuation. The petitioner is not being taken th care of by the 4 respondent inspite of receiving his pension and rental income, which led the petitioner to file the petition on 20.03.2021 and 27.03.2021 seeking protection order, residential order, maintenance order, medical expenses and also for police protection under the various provisions of the Domestic Violence Act. In fact, the petitioner has also raised objection th with regard to alienation of property by the 4 respondent. The petitioner had earlier filed W.P. No.11942 of 2021 in which this Court had passed certain orders pursuant to which the matter has been registered as DVC No.3/2021 by the learned Judicial Magistrate. Since the petitioner is th suffering to maintain herself and the 4 respondent is not providing any means to sustain his wife, viz., the petitioner, the present petition has been filed for the relief supra.

4. Learned counsel appearing for the petitioner submits that since marriage, the petitioner is not being taken proper care of and even at her old th age, she is unable to make both ends meet and the 4 respondent is neither paying money nor taking care of her and, therefore, prays that suitable direction as prayed for may be issued.

5. On the above contention, this Court heard the learned Special Government Pleader appearing for the 1st respondent and Mr. R. Murthi, learned Government Advocate (Crl.Side) appearing for respondents 2 & 3 and perused the materials available on record.

6. Though very many grounds have been raised in the writ petition th contending that the petitioner has not been properly maintained by the 4 respondent, however, the fact remains that the petitioner was married to the th

4 respondent on 22.6.1981 and that the marriage is still surviving. The present domestic violence is alleged only in the year 2021. Though such an allegation is levelled, however, the petitioner has not placed any material before this Court to substantiate the same. In the absence of the same, this Court, under Article 226 of the Constitution, cannot enter into issues which are disputed questions. In such a backdrop, the relief sought for by the petitioner cannot be acceded to. Further, the relief for the petitioner lies before the appropriate Court by filing appropriate petition under the Domestic Violence Act or any other provision including Criminal Procedure Code and the petitioner cannot invoke the extraordinary jurisdiction of this Court to claim the relief. If at all the petitioner has grievance with regard to domestic violence, the petitioner can file appropriate petition under relevant provision before the appropriate forum and petition under Article 226 is not maintainable.

7. Therefore, this Court, without expressing any opinion on the merits of the issue, disposes of this writ petition granting permission to the petitioner to file appropriate petition under the Domestic Violence Act or any provision before the concerned jurisdictional Judicial Magistrate. On such petition being filed, Judicial Magistrate concerned shall consider the same and pass appropriate orders in accordance with law as expeditiously as possible.

8. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

13.12.2021 Index : Yes/No Speaking order : Yes/No Speaking Order/Non-speaking Order NHS M.DHANDAPANI, J.

NHS

1. The District Magistrate/Protection Officer, The Protection of Women from