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Madras High CourtCRL RC/1442/2025closed

Ronald Moriera v. Vidhyashree Alias Deepika

2025-09-23Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

1. Ronald Moriera S/o.Denzil Moreira, No.70/a A.V.M.Nagar Main Road, Madhavaram, Chennai - 600 051.

Petitioner(s) Vs

1. Vidhyashree Alias Deepika W/o.Ronald Mkoriera 2.Santhosh.R S/o.Ronald Moriera, Represented by its mother Both are reisidng at No.67/12, 1st Main Road, Poompuhar Nagar, Kolathur, Chennai - 600 099.

Respondent(s) PRAYER: This Criminal Revision case filed under Section 438 r/w 442 of the Code of Criminal Procedure, paying to set aside the order in Crl.M.P.No.1649 of 2023 order dated on 15.07.2024 in M.C.No.62 of 2021 on the file of the 1st Additional Judge, Family Court, Chennai to Condone delay petition under

section 5 of the limitation act the delay of 574 days revision and thus render justice.

For Petitioner(s):

M.K.Yukanth For Respondent(s):

M/s.J.Ravi Shankar

ORDER

The petitioner has filed this revision to set aside the order passed in Crl.M.P.No.1649 of 2023, dated 15.07.2024 in M.C.No.62 of 2021 on the file of the 1st Additional Judge, Family Court, Chennai.

2. The petitioner is the husband of the 1st respondent, against whom M.C.No.62 of 2021 was filed by the respondents before the Trial Court. Due to his non-appearance, an ex parte decree of maintenance was passed on 26.04.2022. Challenging the same, the petitioner filed a revision along with an application for condonation of delay. All the applications were allowed on the condition that he deposit 50% of the arrears. Out of the arrears of more than Rs.5,00,000/-, the petitioner was directed to deposit Rs.2,60,000/- before the

Trial Court, which he duly complied with.

3. As on date, the ex parte order has been set aside. The MCOP has now been restored and is posted for the respondents' evidence on 08.09.2025. The petitioner/husband has also filed a counter in the MCOP along with documents, and the case is being proceeded with.

4. In view of the above, since the ex parte order passed by the Trial Court has already been set aside, this Civil Revision Petition is closed as infructuous.

5. However, the parties are directed to co-operate with the proceedings before the Trial Court.

23-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To

1. The I Additional Judge, Family Court, Chennai.

2.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

rri CRL RC No. 1442 of 23-09-2025