Madras High CourtCRL RC/156/2017disposed of

M.Baranitharan, Aged 43 Years, v. Mrs.D.Vijayalakshmi,

2017-06-23Honourable Mr Justice V. Bharathidasan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2017 Coram THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN Crl. R.C.No.156 of 2017 & Crl.M.P.No.1747 of 2017 M. Baranitharan ... Petitioner //vs// D.Vijayalakshmi ... Respondent Prayer:

Criminal Revision Petition filed under Section 397 and 401 of the Code of Criminal Procedure filed against the impugned order dated 06.09.2016 in M.P.No.46/2014 in M.C.No.144/2014 on the file of the III Additional Family Court, Chennai.

For Petitioner :Mr.C.E.Pradap For Respondent :Mr.P. Nagaraju * * * *

ORDER

The present revision has been filed by the petitioner praying to set aside the order of interim maintenance.

2. The respondent, who is the wife of the petitioner, filed a petition under Section 125 Cr.P.C seeking an order for maintenance in M.C.No.144 of 2014. Pending Maintenance Case, the respondent/wife filed a petition seeking interim maintenance and the Court below ordered a sum of Rs.15,000/- as interim maintenance from the date of the petition, till disposal of the main M.C.No.144 of 2014. Being aggrieved with the above order, the present revision has been filed.

3. The learned counsel appearing for the respondent submitted that the petitioner is running a pharmacy and earning Rs.50,000/- per month, whereas the respondent is struggling without any means to maintain herself and therefore, the Court below was right in ordering a sum of Rs.15,000/- as interim maintenance, which is just and reasonable.

4. Heard. Mr.C.E. Pradap, the learned counsel for the petitioner and Mr.P. Nagaraj the learned counsel for the respondent.

5. Since the main case itself is of the year 2014 and the same is pending, without going into the merits of the case, the Court below is directed to dispose of the main maintenance case within a period of 3 months from the date of receipt of a copy of this order.

6. Since the learned counsel appearing for the petitioner submitted that he has been regularly paying the interim maintenance as per the order passed by the Court below, the petitioner is directed to continue to pay the interim maintenance till the disposal of the maintenance case in M.C.No.144 of 2014. This revision case is disposed of as indicated above. Consequently, connected miscellaneous petition is closed.

23.06.2017 mrp Note : Issue order copy on 11.10.2017 Index : yes/no Internet : yes/no Speaking order/non-speaking order To The III Additional Family Court Chennai.

V.BHARATHIDASAN, J.

mrp Crl. R.C.No.156 of 2017 23.06.2017