Pichai Savari, Age 52 Years, v. Mary Glory,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1172 of 2016 and Crl.M.P.No.10397 of 2016 Pichai Savari S/o.Anthoni ... Petitioner Vs.

Mary Glory, D/o.Balasundaram ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the order of learned Chief Judicial Magistrate, Cuddalore District, Cuddalore, passed in M.C.No.41 of 2014 on 19.07.2016.

For Petitioner :

Mr.S.Saravanakumar For Respondent :

Mr.S.Meenakshi *****

O R D E R

This revision arises against the order of learned Chief Judicial Magistrate, Cuddalore District, Cuddalore, passed in M.C.No.41 of 2014 on 19.07.2016.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. Learned counsel for petitioner submits that the petitioner/husband is a man of meagre means whereas the respondent/wife is a highly qualified person working at a private school and earning a good salary. Petitioner had obtained an order of divorce on the ground of desertion. Court below, without considering the merits of the case of either side, particularly their means, has passed an ex parte order directing petitioner/husband to pay a sum of Rs.3,000/- p.m. towards maintenance.

4. Learned counsel for respondent submits that the respondent/wife suffers from epilepsy and has no sufficient means to maintain herself.

5. Towards striking a balance, this Court has impressed upon learned counsel for petitioner that the matter may be remitted back for fresh consideration subject to the condition that petitioner pays a sum of Rs.3,000/- p.m. on or before 5th of every month towards maintenance to the respondent pending disposal of the case by the Court below. Recording the undertaking of learned counsel for petitioner that the petitioner will effect such payment and requiring the petitioner to effect payment of arrears calculated from the date of petition before the Court below in keeping with

the order of the Court below within a period of four months from today, this Criminal Revision shall stand disposed of by setting aside the order of learned Chief Judicial Magistrate, Cuddalore District, Cuddalore, passed in M.C.No.41 of 2014 on 19.07.2016 and remanding the matter for fresh consideration. Court below shall now take up the matter afresh and dispose of the same as expeditiously as possible, in any event, not later than four months from the date of receipt of this order. Should the petitioner default in compliance with any of the conditions presently imposed by this Court, this Criminal Revision shall stand automatically dismissed without further reference to this Court. The undertaking of learned counsel on either side that their respective parties would duly co-operate in the conduct of the case and expeditious disposal thereof before the Court below, is recorded. The Criminal Revision Case is disposed of with the above direction. Connected miscellaneous petition is closed.

21.12.2016 Index:yes/no Internet:yes/no gm To The Chief Judicial Magistrate, Cuddalore District, Cuddalore.

C.T.SELVAM, J gm Crl.R.C.No.1172 of 2016 21.12.2016 http://www.judis.nic.in