Madras High CourtCRL RC/16/2021direction

M.Ashok Kumar v. G.Sakthi Priya

2021-01-11Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2021

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.16 of 2021 and CRL.M.P.No.130 of 2021 Mr.M.Ashok Kumar

...Petitioner

Vs.

G.Sakthi Priya

...Respondent

PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C to call for the records relating to order made in M.P.No.250 of 2020 in M.C.No.309 of 2019 dated 05.12.2020 on the file of the fifth Additional Family Court, Chennai and set aside the same.

For Petitioner :Mr.D.Padmanabhan

O R D E R

This Criminal Revision Petition has been filed challenging the order passed by the Fifth Additional Family Court, Chennai in M.P.No.250 of 2020 in M.C.No.309 of 2019 dated 05.12.2020.

2. The learned counsel for the petitioner would submit that the petitioner has filed the petition for maintenance under Section 125 Cr.P.C. before the Principal Family Judge, Chennai and pending disposal of the same, she filed M.P.No.250 of 2020 under Section 24 of Hindu Marriage Act seeking interim maintenance and the same was partly allowed vide order dated 05.12.2020 and challenging the said order, the petitioner has filed the present revision before this Court.

3. Since, the petitioner has challenged the order passed under Section 24 of Hindu Marriage Act, this Court has no jurisdiction to entertain this revision.

https://hcservices.ecourts.gov.in/hcservices/

4. In view of the above, this revision case is rejected as not maintainable. Registry is directed to return the entire papers to the learned counsel for the petitioner. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar arr To The Judge, TheVth Additional Family Court, Chennai Copy to The Section Officer, Criminal Section, High Court, Madras.

Crl.RC.No.16 of 2021 MP(CO) KKV/11/02/2021 https://hcservices.ecourts.gov.in/hcservices/