S.Mythili @ Kavitha v. M.Srinivasan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2025 Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.1490 of 2024 and Crl.M.P.No.12501 of 2024 S.Mythili @ Kavitha ... Petitioner Vs.
M.Srinivasan ... Respondent Prayer: Criminal Revision Case filed under Sections 438 & 442 of B.N.S.S to set aside the order passed by the learned IV Additional Principal Judge, Family Court at Chennai on 07.11.2023 in Crl.M.P.No.100 of 2023 in M.C.No.18 of 2022.
For Petitioner : Mr.S.Vijayanand For Respondent : Mr.N.Naresh
ORDER
This Criminal Revision Case has been filed by the petitioner to set aside the order passed by the learned IV Additional Principal Judge, Family Court at Chennai on 07.11.2023 in Crl.M.P.No.100 of 2023 in M.C.No.18 of 2022. 1/4
2. Heard both sides and perused the materials available on record.
3. It is seen that the petitioner is the wife of respondent herein. The petitioner has filed a maintenance case in M.C.No.18 of 2022 before the IV Additional Principal Judge, Family Court, Chennai and pending maintenance case, she filed a petition in Crl.M.P.No.100 of 2023 seeking interim maintenance. The said petition was dismissed by order dated 07.11.2023. Aggrieved by the order of dismissal, the wife 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 Crl.M.P.No.100 of 2023 in M.C.No.18 of 2022, this revision is not maintainable.
6. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is closed. 2/4
7. However, the petitioner is at liberty to work out her remedy in the pending maintenance case.
27.03.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To The IV Additional Principal Judge, Family Court, Chennai 3/4
P.VELMURUGAN. J.
Ksa-2 27.03.2025 4/4