Madras High CourtCRL RC/1377/2024dismissed

S.Magesh Kumar v. M.Kaarthik Vishnu Varthan

2025-04-01Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP Nos.11697 and 13115 of 2024

1. S.Magesh Kumar S/o.N.Sundarajan, Flat No.2 B, Safire Apartments, 2nd Floor State Bank Offivers Colony, Cantonment, Trichy District - 620 001.

Petitioner(s) Vs

1. M.Kaarthik Vishnu Varthan Minor Rep By Mother R.Vaishvani, E-4 Police Quarters, Abdul Aziz Street T.Nagar, Chennai - 600 017.

Respondent(s) PRAYER: This Criminal Criminal Revision Petition is filed under Section 397 read with 401 of Cr.P.C., to call for the records in M.C.No.466 of 2019 on the file of the II Additional Principal Family Court at Chennai and to set aside the order dated 16.04.2024 passed in Crl.M.P.No.1711 of 2023 in M.C.No.466 of 2019 against the petitioner.

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For Petitioner(s):

For Respondent(s):

Mr.B.Mohan M/s.N.Fidelia

ORDER

This Criminal Criminal Revision Petition has been filed to call for the records in M.C.No.466 of 2019 on the file of the II Additional Principal Family Court at Chennai and to set aside the order dated 16.04.2024 passed in Crl.M.P.No.1711 of 2023 in M.C.No.466 of 2019.

2. The respondent herein filed a petition under Section 125(1) Cr.P.C., in M.P.No.1711 of 2023 in M.C.No.466 of 2019 on the file of the II Additional Principal Family Court at Chennai, seeking interim maintenance from the petitioner herein. The learned Judge, Family Court, vide impugned order dated 16.04.2024 directed the petitioner herein to pay a sum of Rs.50,000/- per month towards interim maintenance to the respondent. The petitioner herein has filed this revision petition challenging the said interlocutory order.

3. It is settled proposition of law that no revision is maintainable against the interlocutory order and the same is barred under Section 397(ii) Cr.P.C., The Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be exercised in relation to any interlocutory orders.

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4. In view of the same, this criminal revision petition is dismissed as not maintainable. Consequently, connected miscellaneous petitions are closed. However, the petitioner is at liberty to workout his remedy before the learned Judge, Family Court in pending M.C.No.466 of 2019. 01-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To The II Additional Principal Family Court at Chennai 3/4

P.VELMURUGAN J mfa and CRL MP Nos.11697 and 13115 of 01-04-2025 4/4