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Madras High CourtCRL MP/12403/2024ordered

A.Tamilvanan v. K.Gejalakshmi

2024-09-11Honourable Mr Justice M. Nirmal Kumar2 pages

Crl.M.P.No.12403 of 2024 in Crl.R.C.No.1252 of 2023 Crl.M.P.No.12403 of 2024 in Crl.R.C.No.1252 of 2023 M. NIRMAL KUMAR , J.

This Miscellaneous Petition is filed seeking to restore the Crl.R.C.No.1252 of 2023, which was dismissed for non prosecution by order dated 15.04.2024 and thereby restore the same to the file of this Court. 2.Ms.C.Maria Vinnarasi, learned counsel for respondent submits that the respondent has got serious objection in restoring the revision. 3.The contention of the respondent is that it is a case of maintenance. The trial Court, by order dated 25.05.2023 in M.C.No.1 of 2021, directed the petitioner to pay monthly maintenance of Rs.5,000/-. From the date of the order the petitioner not even paid a single rupee. Hence, she has got serious objection. The respondent being a destitute woman having no source of income, on the other hand, petitioner has got regular income but denying the same.

https://www.mhc.tn.gov.in/judis 1/2

Crl.M.P.No.12403 of 2024 in Crl.R.C.No.1252 of 2023 M. NIRMAL KUMAR , J.

rsi 4.Since, this petition is filed to restore the Revision Petition, which was dismissed for non-prosecution, the contention of the respondent can be considered and decided at the time of taking up the revision. 5.In view of the same, this Criminal Miscellaneous Petition is ordered and Crl.R.C.No.1252 of 2023 is restored on file. 6.Post the revision on 26.09.2024 under the caption 'For orders'. 11.09.2024 rsi Crl.M.P.No.12403 of 2024 in Crl.R.C.No.1252 of 2023 https://www.mhc.tn.gov.in/judis 2/2