Madras High CourtCRL OP/3357/2023disposed of

H.Sumathi v. Harikrishnan

2023-02-14Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.3357 of 2023 1.H.Sumathi

2. H.Stella ... Petitioners Vs.

Harikrishnan ... Respondent PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the III Additional Family Court Judge at Chennai to dispose the execution petition filed under Section 125 (3) read with Section 128 of Cr.P.C in M.P.No.72 of 2021 in M.C.No.287 of 2006.

For Petitioners : Mr.R.Krishnamurthy

O R D E R

This Criminal Original Petition has been filed to direct the III Additional Family Court Judge at Chennai to dispose the execution petition filed under Section 125 (3) read with Section 128 of Cr.P.C in M.P.No.72 of 2021 in M.C.No.287 of 2006.

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2. The learned counsel for the petitioner submitted that petitioner filed M.P.No.72 of 2021 in M.C.No.287 of 2006 on the file of the learned III Additional Family Court Judge at Chennai under Section 125 (3) read with Section 128 of Cr.P.C for recovering of arrears of maintenance. However, so far, this petition is not disposed, necessitating the filing of this petition.

3. It is seen from the submission of the learned counsel for the petitioner and perusal of the records that the maintenance case was filed in the year 2006. Now, petitioner filed M.P.No.72 of 2021 for recovery of arrears from the date of the petition till 2019.

4. In the light of the submission made by the learned counsel for the petitioner that the respondent has not paid the maintenance from the date of filing of the maintenance case, this Court directs the learned III Additional Family Court Judge at Chennai to dispose the M.P.No.72 of 2021 as expeditiously as possible, preferably withing a period of four weeks from the date of receipt of copy of the order.

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5. With the above directions, this Criminal Original Petition is disposed of.

14.02.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Sma To III Additional Family Court Judge at Chennai 3/4

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.3357 of 2023 14.02.2023 4/4