A.Sivabalan v. S.M.Gnanapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.MP.No.5445 of 2023 A.Sivabalan ... Petitioner Vs.

1.S.M.Gnanapriya

2. Vasumathi @ Swetha

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to set aside the Order passed by the learned I Additional District Judge, Thiruvallur in CRP.No.14 of 2021 dated 10.02.2023 confirming the order passed by the learned Judicial Magistrate, Tiruttani in MC.No.1 of 2018 dated 26.03.2021.

For Petitioner : Ms.Kaaviya For Respondents : Mr.T.Ramkumar 1/4

O R D E R

This Criminal Original petition is filed to set aside the order of dismissal passed by the learned I Additional District Judge, Thiruvallur in CRP.No.14 of 2021 dated 10.02.2023.

2. The learned counsel for the petitioner submits that she has given consent for change of counsel.

3. The counsel for the respondent pursuant to the direction of this Court vide order dated 05.03.2024 has furnished statement of accounts indicating that a total sum of Rs.18,91,000/-, due towards maintenance arrears before the Court below. Without paying the maintenance as ordered by the Court below, the petitioner has come to this Court challenging the order passed by the Court below in C.R.P.No.14 of 2021 dated 10.02.2023.

4. This Criminal Original petition is dismissed with liberty to challenge the order passed in C.R.P.No.14 of 2021 after clearing the arrears of maintenance. Consequently, the connected miscellaneous petition is closed.

Vv 26.04.2024 2/4

To

1. The I Additional District Judge, Thiruvallur.

2. The Judicial Magistrate, Tiruttani

3. The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

3/4

Vv and Crl.MP.No.5445 of 2023 26.04.2024 4/4