J.Asha Beevi v. S.I.Aslam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No. 157 of 2025

1. Mrs.J Asha Beevi

2. Minor A.Arif

3. Minor A.Aneesha Minors 2 and 3 represented by their mother and natural guardian Mrs.J.Asha Beevi ... Petitioners Vs S.I.Aslam ... Respondent PRAYER:

Criminal Revision Petition filed under Section 442 of BNSS, to enhance the maintenance amount as ordered in M.P.No.1316 of 2024 in M.C.No.641 of 2022 dated 30.10.2024 on the file of the III Additional Principal Family Court, Chennai.

For Petitioners : Mr.S.William For Respondent : Mr.Y.Kajanavas

O R D E R

This Criminal Revision Petition has been filed to enhance the maintenance amount as ordered in M.P.No.1316 of 2024 in M.C.No.641 of 2022 dated 30.10.2024 on the file of the III Additional Principal Family Court, Chennai.

2. This Criminal Revision Petition in Crl.R.C.No.157 of 2025 has been filed by the wife and the connected Crl.R.C.No.2186 of 2024 has been filed by the husband and both the petitions are arising out of the same impugned order dated 30.10.2024 passed in M.P.No.1316 of 2024 in M.C.No.641 of 2022 on the file of the III Additional Principal Family Court, Chennai and hence though this Criminal Revision Petition in Crl.R.C.No.157 of 2025 is not listed today, the same is taken up for hearing along with Crl.R.C.No.2186 of 2024 filed by the husband.

3. Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent and perused the materials available on record.

4. The petitioners have filed this revision petition challenging the interlocutory order dated 30.10.2024 passed in M.P.No.1316 of 2024 in M.C.No.641 of 2022 by the learned III Additional Principal Family Judge, Chennai. It is settled proposition of law that no revision is maintainable against the interlocutory order and the same is barred under Section 397(ii) Cr.P.C., The Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be exercised in relation to any interlocutory orders.

5. In view of the same, this Criminal Revision Petition is dismissed. However, the petitioners are at liberty to work out their remedy before the Family Court, in the pending maintenance case in M.C.No.641 of 2022.

28.03.2025 (2/2) mfa Index:Yes/No Speaking Order: Yes/No

To The III Additional Principal Family Court, Chennai.

P.VELMURUGAN, J mfa Crl.R.C.No. 157 of 2025 28.03.2025