IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2026 CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA M.Vijaya Babu ...Petitioner Vs.

M.Guna Sri @ Divya ...Respondent Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to direct the learned Additional District Munsif-cum-Judicial Magistrate, Ambur, Tirupathur District to dispose of Crl.M.P.No.1190 of

2025 in DVC.No.5 of 2018, within time frame fixed by this Hon’ble Court.

For Petitioner : Mr.K.T.S.Sivakumar

ORDER

This criminal original petition has been filed seeking expeditious disposal of the petition filed by the petitioner under Section 25(2) of the Protection of Women from Domestic Violence Act in Crl.M.P.No.1190 of 2025 in DVC.No.5 of 2018, pending on the file of the Additional District Munsif-cum-Judicial Magistrate Court, Ambur, Tirupathur District, within a stipulated time.

2 Learned counsel for the petitioner made the following submissions:

2.1 The respondent herein is the wife of the petitioner and their marriage was solemnised on 20.08.2012 and due to some matrimonial dispute, the respondent left the matrimonial house within a period of one month from the date of their marriage and she subsequently filed a false complaint as against the petitioner and his family members.

2.2 Hence, the petitioner filed a divorce petition in HMOP.No.108 of

2018 before the Subordinate Court, Vaniyambadi and the same was subsequently transferred to the file of the Subordinate Court, Ambur and re-

numbered as HMOP.No.4 of 2023 and the same is pending.

2.3 As a counter blast, the petitioner filed a Domestic Violence case against the petitioner and his family members in DVC.No.5 of 2018 before the Judicial Magistrate Court, Ambur. While so, due to COVID-19 pandemic, as the petitioner and his family members were unable to appear before the Judicial Magistrate Court, Ambur, they were set ex parte and the learned Magistrate, vide order dated 22.01.2021, directed the petitioner herein to pay a sum of Rs.5,000/- towards monthly maintenance and Rs.1,00,000/- towards compensation in favour of the respondent besides directing the petitioner to return the 10 sovereign gold jewels to the respondent, within two months from the date of the said order, without considering the fact that the respondent is capable of maintaining herself and that she has married one Bharath, without obtaining necessary orders of the competent Court nullifying the marriage with the petitioner herein and hence, she is not entitled to any compensation or monthly maintenance at the hands of the petitioner.

2.4 Therefore, the petitioner filed a petition under Section 25(2) ibid.

in Crl.M.P.No.1190 of 2025 in DVC.No.5 of 2018, seeking to set aside the ex parte order dated 22.01.2021 passed in DVC.No.5 of 2018. However, till date, no orders have been passed by the learned Additional District Munsif-

cum-Judicial Magistrate, Ambur, Tirupathur District in the said petition.

3. This Court gave its careful consideration to the arguments advanced by the learned counsel for the petitioner and perused the materials available on record.

4. Given the fact that the order under challenge in Crl.M.P.No.1190 of

2025 is ex parte in nature and also considering the limited scope of the relief sought in the instant petition, this Court directs the learned Additional District Munsif-cum-Judicial Magistrate, Ambur, Tirupathur District, to dispose of the case in Crl.M.P.No.1190 of 2025 in DVC.No.5 of 2018, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order.

5. With the above direction, this criminal original petition stands disposed of. 17.02.2026 skt NCC : Yes/No To:

The Additional District Munsif-cum-Judicial Magistrate, Ambur, Tirupathur District.

A.D.JAGADISH CHANDIRA, J.

skt

17.02.2026