K.Sivakumar, v. B.Yamuna Bai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL RC SR NO. 41454 OF 2024 K.Sivakumar, S/o.Kamalakannan, Old No.7, New No.9, Janaki nagar, 1st Street, Maduravoyal, Chennai-601 102 Petitioner(s) Vs

1. B.Yamuna Bai D/o.Babu 2.Minor.S.Rupika Shree D/o.K.Sivakumar, Minor is rep by her mother , the 1st petitioner Both are residing at D.No.22, 26th Street, K.S.Nagar, Kavangarai, Chennai-600 Respondent(s) PRAYER To Condone the delay of 78 days in filing in Crl.RC. as against the order dated 19.01.2024 passed by Honourable III Additional Principal Family Court, Chennai in MC.No.133/2021.

1/4

For Petitioner(s):

Mr. S.R.R.Raaghhavan For Respondent (s): Mr.M.Sarfudeenali Ahamed

ORDER

This Criminal Miscellaneous Petition has been filed seeking to condone the delay of 78 days in filing the above Criminal Revision Case against the order dated 19.01.2024 passed in M.C.No. 133 of 2021, on the file of II Addl. Principal Family Court, Chennai.

2. Mr.S.RR.Raaghhavan, learned counsel for petitioner submitted that due to financial constraints, the petitioner is not able to instruct counsel on record to prefer the above Criminal Revision case and only during month of April 2025, he gave papers to him, as a result of which, there is a delay of 78 days in filing the above Criminal Revision Case arose, which is neither willful nor wanton. Therefore, he filed this petition to condone the delay in filing the above Criminal Revision Case.

3. Mr.M.Sarfudeenali Ahamed, learned counsel for respondent appeared raised objections stating that no sufficient reason assigned for the delay. Furthermore, he would also submit that there is huge arrears of maintenance, which comes around Rs.5,00,000/- and also he is a Government servant. 2/4

3. Considering the facts and circumstances, and considering both side submissions and considering the reasons stated by the petitioner in the affidavit seems to be justifiable one, to avoid multiplicity of proceedings, this court is inclined to allow this petition and the petitioner is directed to deposit a sum of Rs.3,00,000/- towards part of arrears of maintenance into the credit of M.C.No.133 of 2021 before the III Addl. Principal Family Court, Chennai within a period of four weeks from the date of receipt of copy of this order. On such deposit, the 1 st respondent is directed to withdraw the same on filing undertaking affidavit. Registry is directed to number the Criminal Revision Case if it is otherwise found to be in order and post the matter on 06.10.2025. 23-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To III Addl. Principal Family Court, Chennai.

3/4

T.V.THAMILSELVI J.

rpp CRL MP No. 16065 of AND CRL RC SR NO.

41454 OF 2024 23-09-2025 4/4