A Single judge of Madras High Court held as follows,
From Para 5,
5. According to the learned counsel for the petitioner, the respondent filed a petition for Maintenance in M.C.No.36 of 2015 on the file of the Chief Judicial Magistrate Court, Karur and that ex-parte order was passed only in the said case. Subsequently, a petition was filed to set aside the ex-parte order and the proceedings were restored. In such circumstances, the learned counsel for the petitioner also relied upon the provisions under Protection of Women from Domestic Violence Act and particularly, with reference to Section 12 of the Act. As per Section 12(5) of the Act, the learned Magistrate shall make an endeavour to dispose the enquiry within a period of sixty days from the date of its first hearing. It is surprising to note that the respondent is opposing early disposal.
From Para 7,
7. Hence, the Criminal Original petition is allowed and the learned Judicial Magistrate No.I, Karur District, is directed to dispose of the proceedings in D.V.No.1 of 2016 within a period of two months from the date of receipt of a copy of this Order.
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