K. Elango v. E. Sarala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.M.P.No.8247 of 2023 in Crl.R.C.SR.No.27139 of 2023 K.Elango ... Petitioner Vs.

1.E.Sarala, D/o.M.Chandrasekar.

2.Minor E.Krithivasan, Rep. By Her Mother and Natural Guardian the 1st respondent herein. Both residing at:

No.70/1, Gandhi Street, West Mambalam, Chennai - 600033.

... Respondents Prayer: Criminal Miscellaneous Petition filed under Section 5 of the Limitation Act, 1963, to condone the delay of 173 days in preferring the above Revision Petition challenging the impugned enhanced maintenance order dated 15.09.2022 in M.P.No.717 of 2013 in M.C.No.246 of 2011 now pending on the file of the 3rd Additional Principal Family Court, Chennai, pending disposal of the main Criminal Revision Petition. For Petitioner :

Mr.Jude Velingdan Joseph for Mr.A.Athimoolam For Respondents :

Mr.G.Mohana Krishnan Page No.1 of 4

ORDER

This Criminal Miscellaneous Petition is filed to condone the delay of 173 days in filing the above Criminal Revision. 2.This matter was listed in Advance List on 24.11.2023. Thereafter, the same is listed today and taken up for hearing. 3.The learned counsel for the petitioner seeks permission of this Court to withdraw this miscellaneous petition.

4.The learned counsel for the respondents submitted that the petitioner is yet to clear the arrears and it is pending. 5.In view of the endorsement made by the learned counsel for the petitioner, this Criminal Miscellaneous Petition is dismissed as withdrawn. Accordingly, Crl.R.C.SR.No.27139 of 2023 stands rejected. Page No.2 of 4

6.It is made clear that the respondents can take steps to recover the arrears by filing appropriate petitioner before the concerned Court. 27.11.2023 Index : Yes/No Speaking Order/Non Speaking Order vv2 To The 3rd Additional Principal Family Court, Chennai.

Page No.3 of 4

M.NIRMAL KUMAR, J.

vv2 Crl.M.P.No.8247 of 2023 in Crl.R.C.SR.No.27139 of 2023 27.11.2023 Page No.4 of 4