Judicial compliance with higher court orders is mandatory, and non-compliance can lead to the annulment of inferior court decisions.

O R D E R

This Transfer Civil Miscellaneous Petition has been filed seeking to withdraw the petition in DVC.No.05/2022 pending on the file of learned Judicial Magistrate II at Poonamallee and transfer the same to the Mahila Court, Tiruvallur. Instead of tendering notice and granting stay, I requested the learned Judicial Magistrate II at Poonamallee to pass orders in the interlocutary petition. I passed this order on 07.11.2024.

2.When, this matter came up before me on 28.11.2024, I called for a report from learned Judicial Magistrate No.II, Poonamallee, as to why the orders have not been passed in Crl.M.P.No.1847 of 2024 in D.V.C.No.5 of

2022, as directed by this Court on 07.11.2024.

3. The report had not been sent. The learned counsel for the petitioner brought to my notice that despite an intimation given to the learned Judicial Magistrate II, Poonamallee that orders have to be passed in Crl.M.P.No.1847 of 2024, he refused to do so. He pleaded that the learned Judicial Magistrate had refused to comply with the order of this Court and had stated that he will pass orders only in the main D.V.C.

4. Hence, I requested the learned counsel to file a Memo again bringing it to the notice of the learned Judicial Magistrate No II, Poonamallee that he has to pass orders in Crl.M.P.No.1847 of 2024 on or before 05.12.2024 and to send the copy of the order passed in the Criminal Miscellaneous Petition to this Court.

5. When I took up the matter on 05.12.2024, the report of the learned Judicial Magistrate dated 04.12.2024 was finally put up. The learned Judicial Magistrate has stated that on 28.10.2024, 29.10.2024, 05.11.2024 and 11.11.2024 adjournments were obtained and on 14.11.2024, the wife's side argued the matter and the matter was posted on 19.11.2024.

6. He further states that on 19.11.2024, the learned counsel had informed him about the orders passed by this Court on 07.11.2024. Yet, he had insisted that written arguments have to be filed in main D.V.C on 25.11.2024. He states that as he disposed of the D.V.C on 28.11.2024, he closed the Crl.M.P.No.1847 of 2024 as infructuous on that day.

7. He points out that he was under the impression that since no stay has been granted, he can dispose of the DVC despite the direction of this Court dated 07.11.2024 to dispose of the Crl.M.P.No.1847 of 2024. He has further sought for pardon for the mistake that had been committed by him. Along with report, he has enclosed orders passed in Crl.M.P.No.1847 of

2024 as well as order passed in D.V.C.No.5 of 2022.

8. Taking note of the flagrant violation of the orders of the Court, despite the fact that main DVC had been disposed of against the orders passed by this Court, I requested Mr.John Wesley Abraham to serve notice on the respondent. Notice has been served and Mr.A.Kumararaja, learned counsel entered appearance for the respondent. Mr.A.Kumararaja fairly submitted that he is not in a position to explain as to why the learned Judicial Magistrate had violated the orders of this Court.

9. When this Court, being the highest Constitutional Court in the State gives a direction to a Tribunal or a Court subordinate to it, it is expected that the same should be implicitly obeyed and complied. Within his judicial sphere, for matters before him, the learned trial Judge is independent. However, when a direction is given to him to take up the Interlocutary Application of an aggrieved woman, first and then take up the main petition and when this order is brought to his notice, the conduct of the proceedings in a way the learned Magistrate has done is extraordinary.

Extraordinary circumstances require extraordinary remedies.