D.Sandeep v. S.Manju Sree

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No. 526 of 2025 and Crl.M.P.No. 7189 of 2025 D.Sandeep ... Petitioner ..vs..

S.Manju Sree ... Respondent Criminal Revision Case filed under Sections 438 read with 442 BNSS, 2023, to call for the records and set aside the order dated 06.02.2025 made in M.P.No.1800 of 2024 in M.C.No.265 of 2024 on the file of the IV Additional Principal Family Court, Chennai, by allowing this Criminal Revision Petition.

For Petitioner : Mr.R.Prabakar

O R D E R

The Criminal Revision Case is preferred against the order dated 06.02.2025 made in M.P.No.1800 of 2024 in M.C.No.265 of 2024 on the file of the IV Additional Principal Family Court, Chennai. Page No.1/4

It is seen that the petitioner is husband and the respondent is wife. The respondent/wife filed a maintenance case in M.C.No.265 of 2024 seeking maintenance from the petitioner/husband. Pending the above maintenance case, the respondent/wife filed miscellaneous petition under Section 144(2) BNSS, 2023 seeking interim maintenance of Rs.1,20,000/- per month and Rs.30,000/- towards litigation expenses. The learned IV Additional Principal Judge, after hearing both the parties vide order dated 06.02.2025, directed the petitioner/husband to pay a sum of Rs.30,000/- per month to the respondent/wife towards interim maintenance. Challenging the said order, the petitioner/husband is before this Court.

This revision is preferred as against the interlocutory order passed in M.P.No.1800 of 2024 in M.C.No.265 of 2024. The maintenance case itself is summary in nature and as per Section 397(2) Cr.P.C. as against any interlocutory order passed by the Court below, revision would not lie before this Court.

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Therefore the Criminal Revision Case stands dismissed. Consequently connected miscellaneous petition is closed. It is open to the petitioner-husband to workout his remedy before the Court below, where the maintenance case is pending.

09.04.2025 Index: Yes/No Speaking Order/Non Speaking Order ms To The IV Additional Principal Judge, IV Additional Family Court, Chennai.

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P.VELMURUGAN, J.

ms 09.04.2025 Page No.4/4