Madras High CourtCRL RC/1050/2011closed

Neelavathy v. Balasubramani

2018-04-23Honourable Mr Justice R. Pongiappan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2018

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.R.C.No. 1050 of 2011 Neelavathy .. Petitioner Vs.

Balasubramani .. Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C. praying to set aside the order passed by the learned Judicial Magistrate Court No.I, Tiruvallur in CMP. No.4110 of 2009 dated 30.06.2011 and direct the respondent to pay a maintenance of Rs.5,000/- to the petitioner.

For Petitioner :

Mr.A.Dhiravianathan For Respondent :

Mr.T.Ravi *****

O R D E R

This revision has been filed by the petitioner in CMP. No. 4110 of 2009 on the file of the learned Judicial Magistrate No.I, Tiruvallur seeking relief to enhance the maintenance amount ordered in M.C. No. 12 of 1996 dated 10.08.1999. Subsequent to the enquiry, the learned Judicial Magistrate No.I, Tiruvallur, in his order dated 30.06.2011, refused to enhance the maintenance amount and dismissed the same. However, the learned Judicial Magistrate further directed the respondent to pay a sum of Rs.5,000/- to the petitioner towards filing expenses incurred by her, against which the present petition has been filed by the petitioner, which is pending from the year 2011.

2. Today, when the matter is taken up for hearing, Mr.A.Dhiravianathan, learned counsel appearing for the petitioner as well as Mr.T.Ravi, learned counsel appearing for the respondent are present.

3. The learned counsel appearing for the respondent made a representation that pending revision, the respondent Balasubramani had died on 26.06.2016, there by the present revision petition has become infructuous. He has also submitted a copy of Death https://hcservices.ecourts.gov.in/hcservices/

Certificate issued by the Tahsildar, Tiruttani, in which, the details submitted by the learned counsel are clearly mentioned.

4. In view of the fact that the respondent himself is no more, the present revision petition has become infructuous and accordingly it is closed.

Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR ak To The Judicial Magistrate Court No.1, Tiruvallur +1 cc to M/s.A.Dhiraviyanathan, Advocate SR.NO. 30126 +1 cc to Mr.T.Ravi, Advocate SR.NO. 29905 Crl.R.C.No. 1050 of 2011 NA(CO) JK 11/05/18 https://hcservices.ecourts.gov.in/hcservices/