Madras High CourtCRL RC/871/2024dismissed

Vignesh v. Nivetha

2024-06-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.RC.No.871 of 2024 Vignesh ... Petitioner -VsNivetha ... Respondent Prayer : Criminal revision is filed under Sections 397 and 401 of the Criminal Procedure Code, to call for the records in Crl.MP.No.347 of 2023 in MC.No.36/2022 dated 08.08.2023 on the file of the Family Court, Dharmapuri and to set aside the same.

For petitioner : Mr.S.Vijay For Respondents : No appearance

O R D E R

The Criminal Revision is filed to quash the order in Crl.MP.No.347 of 2023 in MC.No.36/2022 dated 08.08.2023 on the file of the Family Court, Dharmapuri

2. The revision petitioner is the husband of the respondent. Their marriage was solemnised on 01.11.2019. Due to misunderstanding between the

couples, the respondent left the matrimonial home and lived in a parental home. The respondent has filed a maintenance case claiming a sum of Rs.20,000/- per month and the learned Judge, after hearing both sides, allowed the interim maintenance petition and the petitioner was directed to pay a sum of Rs.10,000/- to the respondent. Challenging the said order passed by the learned Family Court Judge, the petitioner has filed the present Criminal Revision before this Court.

3. The learned counsel for the petitioner submitted that the petitioner is ready to pay the entire arrears of maintenance to the respondent. Hence, this Court, without going into the merits of the case, direct the learned Judge, Family Court to dispose of the main case itself within the stipulated time as fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record. Despite notice served to the respondent, there is no representation on her behalf.

5. In view of the limited request sought for by the petitioner, this Court passes the following order:

''1. This Court directs the petitioner to pay entire arrears of maintenance to the respondent within a period of four weeks from the date of receipt of a copy of this order and produce the necessary proof before the Family Court.

2. After perusing the proof, the Family Court shall dispose of the main case within a period of six weeks from the date of the payment.''

6. With the above directions, this Criminal Revision Case is dismissed.

07.06.2024 rli Index : Yes/No Internet:Yes/No Speaking Order : Yes/No To The Family Judge, Dharmapuri.

M.DHANDAPANI,J.

Rli Crl.RC.No.871 of 2024 07.06.2024