Mahendran v. Rajakumari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2017

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.176 of 2017 & Crl.M.P.No.1982 of 2017 Mahendran ... Petitioner Vs.

Rajakumari ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. to set aside the judgment passed in M.C.No.4 of 2016 dated 19.12.2016 on the file of learned Judicial Magistrate I, Tindivanam. For Petitioner : Mr.G.Jeremiah *****

O R D E R

This revision challenges the order of learned Judicial Magistrate I, Tindivanam, passed in M.C.No.4 of 2016 dated 19/12/2016.

2. Learned counsel for petitioner submits that the case in M.C.No.4 of 2016 stood posted on 06.12.2016 on which date Courts were closed. Subsequently, the matter was taken up on 07.12.2016 and an exparte order directing payment of maintenance by the petitioner to the respondent in a sum of Rs.15,000/- stands ordered.

3. In the circumstances, this Court considers it appropriate to pass the following order:

1. The order under challenge shall stand set aside.

2. Petitioner shall now effect payment of maintenance in a sum of Rs.15,000/- per month on or before 5th of every succeeding month pending the disposal of M.C.No. 4 of 2016 on the file of Judicial Magistrate I, Tindivanam.

4. Upon failure of the petitioner to comply with this condition the revision shall be read as dismissed and without any further reference to this Court.

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Court below is directed to dispose of the case in M.C.No.4 of 2016 within a period of two months from the date of receipt of a copy of this order. This Criminal revision petition is ordered accordingly. Connected miscellaneous petition is closed. Kpr Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To The Judicial Magistrate I, Tindivanam +1 CC to Mr.G.Jeremiah Advocate SR.NO.9127 Crl.R.C.No.176 of 2017 TM[CO] MK:08/03/2017 https://hcservices.ecourts.gov.in/hcservices/