Madras High CourtCRL RC/1507/2024dismissed

S. Kisshore Kumar v. R. Renuka Devi

2025-03-27Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.1507 of 2024 and Crl.M.P.No.12648 of 2024 S.Kisshore Kumar ... Petitioner Vs.

R.Renuka Devi ... Respondent Prayer: Criminal Revision Case filed under Section 397 and 401 Cr.P.C. to revise the order in M.P.No.1223 of 2023 in M.C.No.427 of 2023 before the III Additional Principal Family Court, Chennai.

For Petitioner : M/s.J.Bhuvaneshwari For Respondent : Mr.Ilayaraja Kandasamy

ORDER

This Criminal Revision Case has been filed by the petitioner to revise the order dated 14.02.2024 in M.P.No.1223 of 2023 in M.C.No.427 of 2023 before the III Additional Principal Family Court, Chennai. 1/4

2. Heard both sides and perused the materials available on record.

3. It is seen that the petitioner is the husband of respondent herein. The respondent has filed a maintenance case in M.C.No.427 of 2023 before the III Additional Principal Family Court, Chennai, and pending maintenance case, she filed a petition in M.P.No.1223 of 2023 seeking interim maintenance till the disposal of the maintenance case. The said petition has been partly allowed by the Judge, Family Court by order dated 14.02.2024 directing the husband to pay a sum of Rs.10,000/- per month to the wife from the date of filing the petition and also directed to pay future maintenance. Aggrieved by the order of interim maintenance, the husband has filed the present revision before this Court. The main M.C. is still pending.

4. It is settled proposition of law that no revision would lie against interlocutory order and it is barred under Section 397(2) of Cr.P.C.

5. Since the present revision is filed against the interlocutory order passed in M.P.No.1223 of 2023 in M.C.No.427 of 2023, this revision is not 2/4

maintainable.

6. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is closed.

7. However, the petitioner is at liberty to work out his remedy in the pending maintenance case.

27.03.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To The III Additional Principal Family Court, Chennai.

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P.VELMURUGAN. J.

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