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Madras High CourtCRL OP/7282/2019disposed of

A.Dhanalakshmi v. N.S.Arumugam

2019-03-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7282 of 2019 1.A.Dhanalakshmi 2.A.Dharshini 3.A.Saravanan

...Petitioners

-Vs1.N.S.Arumugam 2.The Inspector of Police, Thiruvottriyur Police Station, Thiruvottriyur, Chennai-600 019.

... Respondents Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to direct the Second respondent police to execute the warrant against the 1st respondent, issued by the learned IV Additional Principal Judge, Family Court, Chennai in CMP.No.358 of 2017 in MC.No.216 of 2015 on 18.12.2018. For Petitioners: Mr.T.S.N.Prabhakaran For R2 : Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking for a direction to the second respondent to execute the warrant issued against the 1st respondent, issued by the learned IV Additional Principal Judge, Family Court, Chennai in CMP.No.358 of 2017 in M.C.No.216 of 2015 dated 18.12.2018.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the second respondent.

3. It is seen that the marriage between the first petitioner/Dhanalakshmi and the first respondent Viz.,Arumugam was solemnized on 31.08.2006. In the wedlock, they have two children. Due to matrimonial disputes both were living separately. In this circumstance, the first petitioner herein filed a petition in M.C. No.216 of 2015 on the file of the II Additional Family Court, Chennai. The Court below has allowed the petition and the first respondent is directed to pay a sum of Rs.7,000/- per month as maintenance to the petitioners from 30.04.2015 till date. The first respondent has not to pay the maintenance arrears as ordered by the Court below. Hence, the https://hcservices.ecourts.gov.in/hcservices/

Court below issued a warrant against the first respondent and the same was sent to the second respondent. Till date, the second respondent has failed to execute the warrant.

4. Considering the facts and circumstances of the case, the second respondent is directed to execute the warrant issued as against the first respondent in CMP.No.358 of 2017 in MC.No.216 of 2015 on the file of the II Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mpa/lpp To 1.The IV Additional Judge, Family Court, Chennai.

2.The Inspector of Police, Thiruvottriyur Police Station, Thiruvottriyur, Chennai-600 019.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.S.N.Prabhakaran, Advocate sr.no.25555 Crl.O.P.No.7282 of 2019 pp(co) nr 08/04/2019 https://hcservices.ecourts.gov.in/hcservices/