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Madras High CourtCRL RC/1187/2024disposed of with direction

Selvi v. Chakaravarthy

2024-07-10Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.RC.No.1187 of 2024 and Crl.MP.No.9999 of 2024

1. Selvi

2. Minor S.S.Veeran (P2 is rep. By the first petitioner/mother) ... Petitioners -VsChakravarthy ... Respondent Prayer : Criminal revision is filed under Sections 397 and 401 of the Criminal Procedure Code, to allow the criminal revision by setting aside the order made in Crl.MP.No.2829 of 2021 in MC.No.4 of 2020 dated 24.06.2022 on the file of the District cum Judicial Magistrate, Pennagaram, Dharmapuri. For petitioners : Mr.M.Jaisingh For Respondent : No appearance

O R D E R

The Criminal Revision is filed against the order made in Crl.MP.No.2829 of 2021 in MC.No.4 of 2020 dated 24.06.2022 on the file of the District cum Judicial Magistrate, Pennagaram, Dharmapuri.

2. The case of the petitioners is as follows: The first Petitioner and the respondent are husband and wife and the second petitioner is their son. The marriage of the first petitioner and the respondent was solemnized on 19.01.2018 as per Hindu rites and customs. Out of the wedlock, the second respondent was born to them. The petitioners are living in her parental home. Therefore, the petitioner filed a maintenance case before the Family Court, Pennagaram. During pendency of the maintenance case, the first petitioner filed a interim maintenance and after hearing the arguments and on a perusal of the materials, the said maintenance petition was allowed in part by directing the respondent/husband to pay a sum of Rs.2500/- per month to each of the petitioners as interim maintenance. As against the said order of learned Judge, Family Court, the petitioner has filed the present Revision Case before this Court.

3. The learned counsel appearing on behalf of the petitioner submitted that without going into the merits of the case, this Court may direct the learned Judge, Family Court to dispose the main case within the reasonable time as fixed by this Court.

4. Heard the learned counsel for the petitioners and perused the materials available on record. Since no adverse order is passed against the respondent, the presence of the respondent is dispensed with.

5. Considering the facts and circumstances of the case and in view of the limited request sought for by the petitioner, this Court is inclined to pass the following orders:

1. The respondent is directed to deposit the maintenance amount as ordered by the Family Court on or before 5th of every English calendar month and he is further directed to pay the entire arrears to the petitioners, within a period of four weeks, if not already paid.

2. The learned District cum Judicial Magistrate, Pennagaram, shall pass orders in MC.No.04/2020 within a period of four months from the date of receipt of a copy of this order;

6. With the above modification, this criminal revision case is disposed of. Consequently, connected miscellaneous petition is closed. The petitioner is at liberty to file an additional document before the trial Court.

10.07.2024 M.DHANDAPANI,J.

Rli Index : Yes/No Speaking Order/Non speaking order To The District cum Judicial Magistrate, Pennagaram, Dharmapuri. Crl.R.C. No. 1187 of 2024

10.07.2024