Madras High CourtCRL OP/9956/2014dismissed

Thirumurugan v. Jayanthi @ Ponniammal

2018-11-28Honourable Mr Justice N. Anand Venkatesh2 pages

INTHE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.9956 of 2014 and M.P.No.1 of 2014 Thirumurugan .. Petitioner/Respondents . Vs .

1.Jayanthi @ Ponniammal 2.Miss.Vishali(Minor) 3.Master Karnan(Minor) ..Respondents/ Petitioner (2&3 Respondents are represented by mother and natural Guardian, 1st respondents) PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the order made in Crl.R.C.No.2 of 2013, on the file of the 3rd Additional District & Sessions Judge, Poonamallee, Chennai, dated 10.1.2014, partly allowed the order of the Judicial Magistrate No.I, Poonamallee made in CMP No.6910 of 2011 in CMP No.2093 of 2010 dated 11.1.2012.

For Petitioner: M/s.M.A.Rua For Respondents: Mr.P.Saravanan Mr.B.R.Sivasubramaniam

ORDER

This petition has been filed challenging the order passed by the Court below in Crl.R.C.No.2 of 2013, on the file of the III Additional District & Sessions Judge, Poonamallee, Chennai, wherein, the maintenance that was awarded to the wife was set aside and the maintenance amount awarded to the two minor children alone was confirmed.

2.This Court does not find any illegality or infirmity in the order passed by the Court below and the revisional Court has https://hcservices.ecourts.gov.in/hcservices/

applied its mind and had rightly directed the petitioner to pay maintenance to the children. The petitioner as the father is duty bound to maintain his children. The same cannot be interfered by this Court in exercise of its jurisdiction under Section 482 of Cr.P.C.

3.In view of the above, this Court does not find any merits in the criminal Original Petition. Accordingly, the Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. III Additional District & Sessions Judge, Poonamallee, Chennai.

2. Judicial Magistrate No.I, Poonamallee.

+1cc to Mr.M.P.Saravanan, Advocate, S.R.No.82081 +1cc to Mr.M.A.Rua., Advocate, S.R.No.81854 Crl.O.P. No.9956 of 2014 VGII(CO) GSP(20/12/2018) https://hcservices.ecourts.gov.in/hcservices/