K.B.Balasubramanian v. Kalaamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.1444 of 2024 and Crl.M.P.No.12176 of 2024 K.R.Balasubramanian ... Petitioner ..vs..

Kalaamani ... Respondent Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C., to allow this criminal revision petition and set aside the order dated 13.02.2024 passed by the II Additional Principal Family Court Judge, Chennai in M.P.No.1621 of 2023 in M.C.No.121 of 2023. For Petitioner : Mr.M.Vijaya Kumar For Respondent : Mr.C.Prabhu

O R D E R

The Criminal Revision Case is preferred against the order dated 13.02.2024 made in M.P.No.1621 of 2023 in M.C.No.121 of 2023 on the file of the II Additional Principal Family Court, Chennai. Page No.1/4

It is seen that the petitioner is husband and the respondent is the wife. The respondent/wife filed a maintenance case in M.C.No.121 of 2023 seeking maintenance from the petitioner/husband. Pending the above maintenance case, the respondent filed miscellaneous petition under Section 151 C.P.C., seeking interim maintenance of Rs.1,00,000/- per month to the respondent. The learned II Additional Principal Judge, after hearing both the parties vide order dated 13.02.2024, directed the petitioner/husband to pay a sum of Rs.10,000/- per month to the respondent/wife. Challenging the said order, the petitioner/husband is before this Court.

This revision is preferred as against the interlocutory order passed in M.P.No.1621 of 2023 in M.C.No.121 of 2023. The maintenance case itself is summary in nature and as per Section 397(2) Cr.P.C. as against any interlocutory order passed by the Court below, revision would not lie before this Court.

Therefore the Criminal Revision Case stands dismissed. Consequently connected miscellaneous petition is closed. It is open to the Page No.2/4

petitioner-husband to workout his remedy before the Court below, where the maintenance case is pending.

27.03.2025 Index: Yes/No Speaking Order/Non Speaking Order ms To The II Additional Principal Judge, II Additional Principal Family Court, Chennai.

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P.VELMURUGAN, J.

ms 27.03.2025 Page No.4/4