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Madras High CourtCRL RC/944/2014dismissed

Jaganathan v. Jayanthi

2015-03-10Honourable Mr Justice S. Manikumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2015

CORAM

THE HON'BLE MR.JUSTICE S. MANIKUMAR Criminal Revision Case No.944 of 2014 M.P.No.1 of 2014 Jaganathan .. Petitioner Vs.

Jayanthi .. Respondent Prayer:- Petition filed under Section 397 (1) r/w. 401 of Cr.P.C, praying to set aide the order, dated 02.08.2014, made in C.M.P.No.2323 of 2014 in C.M.P.No.1880 of 2012, on the file of the Judicial Magistrate No.I, Tiruvallur.

For Petitioners : Mr.D.Ashok Kumar For Respondent : Mr.D.Senthil Kumar

O R D E R

This Criminal Revision Case is filed against the interim order of maintenance, granted by the learned Judicial Magistrate No.I, Tiruvallur, made in C.M.P.No.2323 of 2014, dated 02.08.2014. 2.

Maintainability of the revision case, is raised, on the ground that in view of Section 29 of the Protection of Women from Domestic Violence Act, 2005, no revision is maintainable, against an interim order of maintenance.

3.

After going through the decision made in Crl.R.C.(MD)No.287 of 2012, dated 09.01.2013 [Arivazhagan v. M.Uma], Mr.D.Ashok Kumar, learned counsel for the petitioner submitted that in view of the judgment, referred to above, the present revision is not maintainable. His submission is placed on record. https://hcservices.ecourts.gov.in/hcservices/

4.

However, learned counsel for the petitioner seeks permission of this Court, to file an appeal, against the interim maintenance, before the appropriate forum. When a remedy is available in the statute, no leave need be given.

5.

In view of the above, this Criminal Revision Petition is dismissed, as maintainable. No costs.

Sd/- Asst.Registrar (CS III) /true copy/ Sub Asst. Registrar Skm To

1. The Judicial Magistrate No.I, Tiruvallur.

2. The Section officer ER Section High Court, Madras (To return the original impugned order in C.M.P.No.2323/14 dated 2.8.2014 on the file of the Judicial Magistrate No.I, Tiruvallur) 1 cc to M/s.C.Vijayakumar, advocate, Sr. 13472 Crl.R.C.No.944 of 2014 CA (CO) kk 13/3 https://hcservices.ecourts.gov.in/hcservices/