S.Babu v. Sasikala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY and C.M.P.No.1711 of 2023 S.Babu ... Appellant Vs.

1. Sasikala

2. Minor B.Vishal S/o Babu represented by his mother & natural guardian, Sasikala Both are residing at No.25/11, Kutputpallam, 1st Street, Otteri, Chennai - 600 021.

... Respondents Petition filed under Section 19 of Family Courts Act, 1984 against the order and decree dated 26.09.2022 made in M.P.No.264/2022 in M.C.No.366/2021 on the file of I Additional Family Court at Chennai. For Appellant : Mr.M.Suresh For Respondents : Mr.Ajith Kumar Page 1/3

J U D G M E N T

(Delivered by D.Bharatha Chakravarthy, J.) This Civil Miscellaneous Appeal is filed against the order dated 26.09.2022 passed in M.P.No.264/2022 in M.C.No.366/2021 on the file of I Additional Family Court at Chennai, arising out of the proceedings under Section 125 of the Code of Criminal Procedure.

2. This Court, recently in Maria Antony Chandra Prakash v. Sheela Regina reported in 2023 (2) LW 917 has clarified the legal position that in respect of orders arising out of Section 125 of Code of Criminal Procedure, only Criminal Revision would lie. Therefore, this Civil Miscellaneous Appeal is dismissed as not maintainable, however with liberty to the appellant to file a Revision, if so advised. No costs. Consequently, connected miscellaneous petition is also dismissed. (J.N.B,J.) (D.B.C, J.) Index : Yes / No 01.06.2023 Internet : Yes vsi To I Additional Family Court at Chennai.

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J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi 01.06.2023 Page 3/3