Madras High CourtCRL RC/497/2025dismissed

K.Saravanan v. P.Sowmiyasree

2025-03-28Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.6320 of 2025

1. K.Saravanan S/o. R.Krishnamoorthy, Plot No.1452 3rd Street, Ram Nagar North, Madipakkam, Chennai - 600 091.

Petitioner(s) Vs

1. P.Sowmiyasree D/o. Prabhakaran 2.Minor S.Vaishnavi Rep.By The 1st Petitioner Both Are Residing At No.1/387, Krishnamoorthy Street, NGGO Colony, Thudiyalur, Coimbatore - 641 022.

Respondent(s) 1/5

PRAYER: This Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C., to set aside the order dated 05.04.2024 passed in M.P.No.121 of 2023 in MC.No.58 of 2023 on the file of Additional Principal Family Court, Coimbatore .

For Petitioner(s):

M/s.S.Santhi For Respondent:

ORDER

This Criminal Revision Petition has been filed to set aside the order dated 05.04.2024 passed in C.M.P.No.121 of 2023 in M.C.No.58 of 2023 by the learned Additional Principal Judge, Additional Principal Family Court, Coimbatore .

2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

3. The respondents herein have filed petition under Section 125 Cr.P.C., in C.M.P.No.121 of 2023 in M.C.No.58 of 2023, seeking interim maintenance from the petitioner herein, on the file of the Additional Principal Family Court, Coimbatore. The learned Additional Family Judge, vide impugned order dated 05.04.2024 directed the petitioner herein to pay interim maintenance amount of 2/5

Rs.15,000/- to the first respondent and Rs.10,000/- to the second respondent and also directed to pay a sum of Rs.60,000/- per academic year towards educational expenses of the second respondent. Aggrieved by the same, the petitioner has filed this criminal revision petition.

4. The petitioner has filed this criminal revision petition challenging the interlocutory order passed by the learned Judge, Family Court. Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be used against the interlocutory orders. Hence, no revision would lie against the interlocutory order.

5. In view of the same, this criminal revision petition is dismissed as not maintainable. Consequently, connected miscellaneous petition is closed. However, the petitioner is at liberty to workout his remedy in the pending maintenance case before the Family Court, in the manner known to law. 28-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5

To Additional Principal Family Court, Coimbatore .

4/5

P.VELMURUGAN J mfa and CRL MP No.6320 of 2025 28-03-2025 5/5