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Madras High CourtCRL OP/26107/2015dismissed

B.Vijayakumar v. V.Anuradha

2015-11-24Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.26107 of 2015 B.Vijayakumar ... Petitioner Vs 1.V.Anuradha 2.Minor Keerthana ... Respondents (minor second respondent is represented by her mother V.Anuradha) Criminal Original Petition filed under Section 482 Cr.P.C. to set aside the order dated 5.10.2015 made in C.M.P.No.3069 of 2015 in M.C.No.6 of 2011 on the file of the learned Judicial Magistrate, Katpadi.

For Petitioner :

Mr.S.Vijayakumar

ORDER

The present criminal original petition has been filed by the petitioner to set aside the order dated 5.10.2015 made in C.M.P.No.3069 of 2015 in M.C.No.6 of 2011, which was filed under Section 311 Cr.P.C., whereby the learned Judicial Magistrate, Katpadi, has dismissed the petition filed by the petitioner herein to recall the first respondent for the purpose of marking the medical records to prove the defence of the petitioner that the first respondent is suffering from mental disorder and she has been taking treatment for the same.

2. Heard the learned counsel appearing for the petitioner. In view of the limited order going to be passed hereunder, this Court is of the opinion that there is no need to issue notice to respondents 1 and 2.

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3. On a perusal of the order, I find that the said petition was filed after the argument was over in this case. Further, the learned Magistrate has dismissed the petition mainly on the ground that the maintenance cannot be denied to the wife for the reason that she is suffering from mental disorder. When that being the legal position, there is no need to recall the first respondent for the purpose of marking the medical records. I find that the reason assigned by the learned Magistrate is a well considered one and I do not find any valid ground to interfere with the same.

4. In the result, the criminal original petition is dismissed.

Sd/ ASSISTANT REGISTRAR(CS-IV) /TRUE COPY/ SUB-ASSISTANT REGISTRAR sbi To 1.The Judicial Magistrate, Katpadi.

Crl.O.P.No.26107 of 2015 CO-PPA JD 15/12/2015 https://hcservices.ecourts.gov.in/hcservices/