BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2021 CORAM:
THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.14593 of 2018 and Crl.MP(MD)Nos.6517 & 6518 of 2018
1.S.Abbas
2.A.Mujibur Rahuman
3.M.Parveen
4.M.Farzana ... Petitioners/Respondents No.1 to 4 vs.
1.Jasmine Sithara
2.Minor.Fraya Musthiri ... Respondents/Petitioners PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the impugned proceedings pertaining in Cr.M.P.No.3729 of 2017 on the file of the learned Additional Mahila Court, Madurai, and quash the same as illegal.
For Petitioners : Mr.S.M.A.Jinnah For Respondents : Mr.S.Muniyandi
O R D E R
This petition is filed seeking quashment of the impugned proceedings pertaining in Cr.M.P.No.3729 of 2017, on the file of the learned Additional Mahila Court, Madurai, which was filed by the first respondent herein, under Section 12 of the Protection of Women from Domestic Violence Act, 2005.
2.The first petitioner is the husband of the first respondent, who is a partial deaf person. The first petitioner and the first respondent got married on 07.03.2020, as per the Muslim customs and rite at Jumma Big Mosque, Thiruppathur, Sivagangai District. At the time of marriage, the first respondent was given 50 sovereigns of gold jewels and sridhana articles worth about Rs.1 lakhs. The first petitioner was doing work that getting orders from the Jewelry shops and handling over them to the goldsmith. Thereafter, he wanted to do textile business and for that, received a sum of Rs.3 laksh and 100 gms of jewels from the first respondent herein. Then the second respondent was born on 05.05.011. By getting profit in the said textile business, he wanted to extend his business and also concentrate on Real Estate Business. Due to lot of income from these business, the behavior of the first petitioner was changed and he did not take care of the respondents herein and married the fourth petitioner herein on 02.07.2017, who is a divorcee with a minor son. So, the first respondent filed a petition in Cr.M.P.No.3729 of 2017, under Section 12 of the Protection of Woman from Domestic Violence Act, 2005, before the learned Additional Mahila Court, Madurai 3.Aggrieved the same, the petitioners have been filed this petition, mainly on the ground that the averments stated by the first respondent is not true and the petitioners 2 to 4 are in no way connected with the matrimonial life of the first respondent, etc., 4.It has been settled by this Court in a batch of Criminal original petitions reported in Dr.P.Pathmanathan and Others Vs. V.Monica and Another (2021) 1 MLJ 311, that under Section 482 Cr.P.C., is not maintainable for quashment of cases under Domestic Violence Act and also a clear direction has been issued to all the Courts, which are dealing with Domestic Violence Case, must complete the process within three months. It is the matter of the year 2017. Hence, the Trial Court ought to have complied the above said order.
5.Even though the matter has been referred to a Larger Bench, I am of the considered view that since already direction has been issued to complete the proceedings, within a period of three months from the date of filing of the case, separate direction cannot be issued by this Court. However, on the basis of the outcome of the proceedings in the Larger Bench, the petitioners can workout their remedy in the manner known to law.
6.With the above direction and liberty, this criminal original petition is disposed of. Consequently, connected miscellaneous petitions are closed. 19.11.2021 dss Index : Yes/No Internet: Yes Speaking/Non-Speaking order To The Additional Mahila Court, Madurai.
G.ILANGOVAN , J .
dss Crl.OP(MD)No.14593 of 2018 and Crl.MP(MD)Nos.6517 & 6518 of 2018
19.11.2021
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