LAWS(TLNG)-2023-4-109

RANGOJOO VIDYANATH Vs. MATTEWADA SOWMYA

Decided On April 17, 2023
Rangojoo Vidyanath Appellant
V/S
Mattewada Sowmya Respondents

JUDGEMENT

(1.) This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners, challenging the inaction on the part of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Yellandu, in disposing of Crl.M.P.No.645 of 2022 in DVC No.8 of 2021, pending on its file.

(2.) Heard the submissions of learned counsel for the petitioners, learned counsel for the Respondent/complainant and perused the record.

(3.) The Respondent herein/complainant has filed the subject DVC No.8 of 2021 before the Court below, under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (for short "DVC Act") seeking reliefs under Ss. 18, 20, 21 of DVC Act and other reliefs. The petitioners herein, who are husband, his parents and his paternal uncle were arrayed as Respondents in the said DVC. In the said DVC, the petitioners herein filed the subject Crl.M.P.No.645 of 2022 under Order XIV Rule 2 read with Sec. 151 of C.P.C. requesting the Court below to decide the issues mentioned therein as preliminary issues and dismiss the DVC. Alleging that the Court below is insisting the petitioners herein to proceed with the trial of the case without disposing of the subject Crl.M.P.No.645 of 2022 at the first instance, this Civil Revision Petition is filed seeking a direction to the Court below to dispose of the subject Crl.M.P.No.645 of 2022 before proceeding further in the subject DVC.