Madras High CourtCRL MP/5262/2022ordered

B.Harun v. Boominathan

2022-07-05Honourable Mr Justice D.Bharatha Chakravarthy2 pages

Crl.M.P. No.5262 of 2022 in Crl.R.C.SR.No.15655 of 2022 D.BHARATHA CHAKRAVARTHY,J.

This application is filed to condone the delay of 926 days in filing the revision petition, against the order dated 13.07.2017, made in M.C.No.7 of 2017, on the file of the Family Court, Coimbatore. 2.On a perusal of the order dated 13.07.2017, it is clear that the petitioner was set exparte and maintenance was awarded. If that be the case, the petitioner has to file only a petition under Section 126(2) Cr.P.C., for setting aside the exparte order and the present revision filed is not maintainable. Therefore, there is no question of condoning the delay of 926 days in filing the revision petition.

3.Accordingly, this petition is dismissed with a liberty to the petitioner to file such a petition to set aside the exparte order. 05.07.2022 sli 1/2 https://www.mhc.tn.gov.in/judis

D.BHARATHA CHAKRAVARTHY,J.

sli Crl.M.P. No.5262 of 2022 in Crl.R.C.SR.No.15655 of 2022 05.07.2022 2/2 https://www.mhc.tn.gov.in/judis