Madras High CourtCRL MP/4925/2025delay condoned

E.Sridhar v. Chitra

2025-04-29Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN in CRL RC SR No.10163 of 2025 E.Sridhar Petitioner Vs

1. Chithra

2. Minor S.Liyashree

3. Minor S.Lakshitha Minor respondents 2 and 3 are represented by their Mother Chithra Respondents PRAYER: This petition filed under Section 5 of Limitation act, to condone the delay of 131 days in filing the criminal revision petition as against the order dated 03.07.2024 passed in CMP No.29 of 2024 in M.C.No.30 of 2022 on the file of the Family Court at Tiruvallur. For Appellant(s): Mr.V.Sithannan For Respondent(s): Mr.C.Arivazhagan

ORDER

The respondents herein filed a petition under Section 125 Cr.P.C., seeking maintenance, in M.C.No.30 of 2022 on the file of the Family Cout, Tiruvallur. The learned Judge, Family Court vide order dated 24.07.2023 ordered maintenance. Subsequently, the respondents have filed the CMP No.29 of 2024, seeking recovery of arrears of amount, before the Family Court and the learned Judge, Family Court passed the impugned order dated 03.07.2024. The petitioner/husband has not challenged the order passed in M.C.No.30 of 2022, whereas he has challenged the impugned order dated 03.07.2024 passed in CMP No.29 of 2024 in M.C.No.30 of 2022.

2. The petitioner has filed this criminal miscellaneous petition seeking to condone the delay of 131 days in filing the criminal revision petition challenging the order dated 03.07.2024 passed in CMP No.29 of 2024 in M.C.No.30 of 2022 on the file of the Family Court at Tiruvallur.

3. Considering the submission made by the learned counsel on either side and also the nature of litigation, the delay is condoned, subject to condition that the petitioner shall deposit 50% of the arrears of maintenance to the credit of M.C.No.30 of 2022, on or before 30.05.2025, before the Family Court, at Thiruvallur, failing which, this petition shall stand dismissed automatically without any further reference to this Court.

4. If the petitioner deposits 50% of arrears of maintenance before the trial court, he is directed to file a memo with regard to the same, before the Registry. On filing of such memo, Registry is directed take the revision on file, if it is otherwise in order.

5. List the matter on 04.06.2025, for reporting compliance. 29.04.2025 mfa Note:Registry is directed to take the revision on file, if it is otherwise in order.

To The Family Court at Tiruvallur.

P. VELMURUGAN,J mfa in CRL RC SR No.10163 of 2025 29.04.2025