V SHANMUGAM Vs. FAMILY COURT MADURAI

JUDGEMENT

(1.) This Court in this application filed under Section 482 Cr. P.C. by the husband, the petitioner herein has been given peculiar opportunity to deal with the prayer, which is quite preposterous and monstrous. The prayer is this:(a) to direct the first respondent Family Court to take my petition dated 5-6-1997 presented under Section 125(5) Cr. P.C. in M.C. No. 15/84 into file and dispose of it according to law; (b) to direct the first respondent Family Court to forbear from passing orders to execute the order dated 7-2-1997 passed in Cr1. M.P. No. 41/96 filed in M.C. No. 15/84 and to recall the warrant of arrest pending against me passed in Cr1. M.P. No. 44/96 in M.C. No. 15 of 1984 and to pass such further or other orders as this Honble Court may deem fit to pass.

(2.) At the outset, I may mention that I really do not understand the rationale behind the attitude of the petitioner to implead the Family Court which passed the impugned order. The Registry also as usual without application of mind has numbered this petition by allowing the party to implead the Family Court as one of the parties. This practice is to be deprecated, since the Court, which issued order cannot be the party to this proceedings.

(3.) The only way available for the petitioner to attack or to challenge the impugned order is to file a petition to set aside the said order giving legal and valid reasons to challenge the same by adding only the other party against whom he fought with. But, curiously the petitioner is under the impression that Family Court alone is the main party to be fought with. This is quite unfortunate.