Lakshmi v. Balakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and Crl.M.P.No.2918 of 2025 Lakshmi ... Petitioner Vs Balakrishnan ... Respondent PRAYER: Criminal Revision Petition filed under Sections 438 and 442 of BNSS 2023, to set aside the order passed in FC.Cr.M.P.No.76 of 2024 in M.C.No.8 of 2024 dated 22.11.2024 on the file of the Family Court at Ariyalur by allowing the present Criminal Revision Petition. For Petitioner : M/s.Usha Ramman

O R D E R

This Criminal Revision Petition has been filed to set aside the order dated 22.11.2024 passed in FC.Cr.M.P.No.76 of 2024 in M.C.No.8 of 2024 on the file of the Family Court at Ariyalur.

2. Heard the learned counsel appearing for the petitioner and

perused the materials available on record.

3. The petitioner filed a petition under Section 144 of BNSS in FC.Cr.M.P.No.76 of 2024 in M.C.No.8 of 2024 on the file of the Family Court, Ariyalur, seeking interim maintenance for a sum of Rs.30,000/- per month and for a sum of Rs.15,000/- towards the litigation expenses from the respondent. The learned Judge, Family Court vide impugned order dated 22.11.2024 dismissed the petitioner's petition. Aggrieved by the same, the petitioner has filed this criminal revision petition.

4. Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be used against the interlocutory orders. Hence no revision would lie against the interlocutory order. Since the main maintenance case itself a summary procedure, the learned Judge, Family Court, Ariyalur is directed to conclude the proceedings/case in M.C.No.8 of 2024 within a period of two months in accordance with law.

5. With the abovesaid direction, this criminal revision petition is

dismissed as not maintainable. Consequently, connected miscellaneous petition is closed.

14.02.2025 mfa Index:Yes/No Speaking Order: Yes/No To The Family Court at Ariyalur

P.VELMURUGAN, J mfa and Crl.M.P.No.2918 of 2025 04.03.2025