D.Vinoth Kumar @ Williams v. Beulah

Crl.R.C.No.841 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2022 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.R.C.No.841 of 2022 and Crl.M.P.No.8544 of 2022 D.Vinoth Kumar @ Williams, S/o.K.Dasarathan ... Petitioner

Versus

Beulah, W/o.D.Vinoth Kumar @ Williams ... Respondent Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to call for the records and set aside the order passed in M.C.No.512 of 2019 order dated 02.11.2019 pending on the file of the V Additional Family Court Judge, Chennai.

For Petitioner :

Mr.R.Jayasankar *****

O R D E R

This Revision is filed against the order of the learned V Additional Principal Judge, V Additional Family Court, Chennai, dated 02.11.2019 in M.C.No.512 of 2019, thereby, ordering the application filed by the respondent/wife for maintenance under Section 125 of Cr.P.C. directing the petitioner to pay a maintenance of Rs.15,000/- per month. https://www.mhc.tn.gov.in/judis 1/2

Crl.R.C.No.841 of 2022 D.BHARATHA CHAKRAVARTHY, J., sp 2.It is seen that the respondent was set ex-parte and the order has been passed. Therefore, the petitioner has remedy under Section 126(2) of Cr.P.C. to file an application to set aside the ex-parte order and the present revision is not maintainable.

3.Accordingly, the Criminal Revision Case is dismissed, however, with liberty to the petitioner to file a petition for setting aside the ex-parte order as stated above. Consequently, connected criminal miscellaneous petition is closed.

05.07.2022 Index : yes/no Speaking/Non-speaking order sp To The V Additional Family Court, Chennai.

Crl.R.C.No.841 of 2022 and Crl.M.P.No.8544 of 2022 https://www.mhc.tn.gov.in/judis 2/2