Petitioner filed a Criminal Original Petition under Section 482 Cr.P.C. to expedite pending family proceedings (maintenance and restitution of conjugal rights) in the II Additional Family Court, Chennai. The Court directed the lower court to complete the trial within three months.
Direction to the lower court to complete trial within three months.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2016
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Crl.O.P. No.9536 of 2016
S. Poongodi Petitioner
Vs
Yuvaraj Respondent
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to expedite the trial in M.C. No.415 of 2012 pending before the Hon'ble II Additional Family Court,Chennai.
For petitioner Ms. M. Mullai Kodi
For respondent Ms. Thulasi
ORDER
This Criminal Original Petition has been filed to expedite the trial in M.C. No.415 of 2012, pending before the II Additional Family Court, Chennai.
2 For the sake of convenience, the parties will be referred to by their name.
3 Heard the learned counsel for Poongodi and the learned counsel for Yuvaraj.
4 Poongodi got married to Yuvaraj on 22.11.2009 and through the wedlock, they have two children, viz., Y. Hari Charann and Y.P. Manasi. Their marriage ran into rough weather, on account of which, they got estranged. Poongodi filed M.C. No.415 of 2012 before the II Additional Family Court, Chennai, under Section 125, Cr.P.C. against Yuvaraj, which is now pending. Yuvaraj filed H.M.O.P. No.4677 of 2012 for restitution of conjugal rights, which has also now been transferred to the file of the II Additional Family Court, Chennai, to be heard along with M.C. No.415 of 2012.
5 It is the grievance of Poongodi that she was examinedin-chief on 11.07.2013, but, she has not been cross-examined by Yuvaraj, till date.
6 Mrs. Thulasi, learned counsel for Yuvaraj submits that she is ready and willing to proceed with the trial and that the case is posted to 27.06.2016 for the cross-examination of Poongodi.
7 Recording the aforesaid submission made by the learned counsel for Yuvaraj, this Court directs the II Additional Family Court, Chennai, to compele the trial in M.C. No.415 of 2012 and H.M.O.P. No.4677 of 2012, within a period of three months from the date of receipt of a copy of this order.
This Criminal Original Petition stands closed with the above
direction.
cad
-s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
To
1 The II Additional Family Court, Chennai
2 The Public Prosecutor
High Court, Madras
+ 1 cc to Ms.R.Mullai Kodi, Advocate SR NO 35089[01/07/2016]
vgi(co)
prk22/6 Crl.OP No.9536 of 2016
1 issue framed by the court
Whether to direct the Family Court to expedite a pending maintenance and restitution of conjugal rights trial.
2 provisions across 1 enactments
S. Poongodi
Yuvaraj
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
