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Madras High CourtCRL RC/1431/2024dismissed

Fathima v. N.Mujifur Rahuman

2025-03-26Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.12037 of 2024

1. FATHIMA 2.Minor M.Haamitha 3.Minor M.Nihaal (Minors 2 and 3 Represented By Guardian, Mother the 1st Petitioner Fathima) Petitioner(s) Vs

1. N.Mujifur Rahuman Respondent(s) PRAYER: This Criminal Revision Petition is filed under Section 397 and 401 of Cr.P.C., to set aside the order dated 09.08.2023 passed in CMP. 236/2022 in MC No. 101 of 2020 on the file of the Additional Principal Family Judge at Coimbatore.

For Petitioner(s):

Mr.K.Prabhakaran For Respondent(s):

Mr.C.D.Sugumar

ORDER

This Criminal Revision Petition has been filed to set aside the order dated 09.08.2023 passed in CMP. 236 of 2022 in MC No. 101 of2020 on the file of the Additional Principal Family Court, Coimbatore.

2. Heard the learned counsel for the petitioners and the learned counsel for the respondent and perused the materials available on record.

3. The petitioners have filed a petition under Section 125(1) of Cr.P.C., in CMP. 236 of 2022 in MC No. 101 of 2020 on the file of the Additional Principal Family Court, Coimbatore. The learned Additional Principal Judge, Coimbatore allowed the said petition and ordered interim maintenance vide order dated 09.08.2023. Aggrieved by the same, the petitioners have filed this Criminal Revision Petition.

4.Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be used against the interlocutory orders. Hence no revision would lie against the interlocutory order.

5. In view of the same, this Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. 26-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes

To The Additional Principal Family Judge at Coimbatore

P.VELMURUGAN J.

mfa and CRL MP No.12037 of 2024 26-03-2025