S. JANAKIBANU Vs. J. SIVA KUMAR

JUDGEMENT

(1.) THE Transfer Civil Miscellaneous Petition has been filed by the petitioner/wife to withdraw HMOP No. 12 of 2007 pending on the file of Family Court, Madurai, either to dispose of the case itself or determine the said question of law and return the case to the Court, from which it has been so withdrawn so as to enable the said Court to proceed to dispose of the case in conformity with the judgment of this Court.

(2.) THE petitioner herein is the wife and the respondent is the husband. The marriage was solemnized between the petitioner and the respondent in the year 2000. In the wedlock, a male child was born. Now, he is studying 9th standard. Differences have arisen between the parties. The petitioner gave a complaint against the respondent and his family members under Section 498(A) and 506(i) of IPC and Section 4 of Dowry Prohibition Act and the same was registered in Cr. No. 4 of 2007 under Section 498(A) of IPC and Section 4 of T.N.P.W.H. Act and the charge sheet was filed in C.C. No. 74 of 2007 before the learned Judicial Magistrate No. I, Madurai. In the above said case, the respondent and his family members were acquitted by the learned Judicial Magistrate No. I, Madurai. Aggrieved against the said acquittal, the petitioner has filed Crl.R.C. (MD) No. 545 of 2012, before this Court and the same is pending.

(3.) THE respondent has filed C.R.P.(MD) No. 1019 of 2014 before this Court for speedy disposal of H.M.O.P. No. 12 of 2007. This Court, by the order dated 30.04.2014, directed the trial Court to dispose of H.M.O.P. No. 12 of 2007 as expeditiously as possible, preferably by the end of July 2014, as the matter is relating to the year 2007.