Tahira Banu v. M.Sulaiman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. K.Tahira Banu

2. Minor S.Mohamed Afnas Rep by his mother K.Tahira Banu ... Petitioners Vs.

M.Sulaiman ... Respondent Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to set aside the order of the Sessions and Division of the Nilgiris District at Udhagamandalam in Crl.R.P.No.01 of 2024 dated 11.03.2024, modifying the maintenance amount passed by the learned Judicial Magistrate of Coonoor, in M.C.No.07 of 2022 dated 26.09.2023 and enhance the maintenance amount, allow this Crimininal Original Petition case.

For Petitioners : No appearance For Respondent : No appearance

O R D E R

This petition has been filed challenging the order dated 11.03.2024, passed by the learned Sessions Judge, Udhagamandalam, in Crl.R.P.No.01 of 2024, thereby modifying the maintenance amount passed by the learned Judicial Magistrate, Coonoor in M.C.No.07 of 2022 dated 26.09.2023.

2.

On perusal of the order dated 11.03.2024 passed by the learned Sessions Judge, Udhagamandalam, in Crl.R.P.No.01 of 2024, it is revealed that the maintenance ordered by the trial Court in M.C.No.7 of 2022, has been modified to the extent that a sum of Rs.5,000/- instead of Rs.10,000/-, in favour of the first petitioner and a sum of Rs.5,000/- instead of Rs.15,000/- in favour of the second respondent, on the ground that the respondent was not heard by the trial Court and as such without given any opportunity of hearing, the trial Court passed the order. Further the respondent agreed to pay a sum of Rs.10,000/- as monthly maintenance. Accordingly, the appellate Court modified the monthly maintenance and this Court finds no infirmity or illegality in the order passed by the Court below.

3.

Accordingly, the Criminal Original Petition stands dismissed.

14.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts To

1. The Sessions Judge, Udhagamandalam

2. The Judicial Magistrate, Coonoor.

G.K.ILANTHIRAIYAN, J.

rts 14.02.2025