A.Syed Bilal v. T.M.Safiya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.RC.No.971 of 2021 A.Syed Bilal ... Petitioner -VsT.M.Safiya ... Respondent Prayer : Criminal revision is filed under Sections 397 and 401 of the Criminal Procedure Code, to set aside the fair and decreetal order dated 05.03.2020 made in CMP.No.53/2019 in MC.No.19/2019 on the file of the Principal Family Judge, Coimbatore.

For petitioner : Mr.K.Myilsamy For Respondents : No appearance

O R D E R

The Criminal Revision is filed to quash the dated 05.03.2020 made in CMP.No.53/2019 in MC.No.19/2019 on the file of the Principal Family Judge, Coimbatore.

2. The revision petitioner is the husband and the first respondent is his wife and the second respondent is the son of the petitioner and the first

respondent. The marriage between the petitioner and the respondent had taken place in the year 2018 as per Islamic Rites. Due to misunderstanding betwee the couples, the respondent left the matrimonial home and filed a maintenance case claiming a sum of Rs.25,000/- per month and the learned Judge, after hearing both sides, allowed the interim maintenance petition and the petitioner was directed to pay a sum of Rs.9,000/- each per month to the respondent. Challenging the said order passed by the learned Family Court Judge, the petitioner has filed the present Criminal Revision before this Court.

3. The learned counsel for the petitioner submitted that the petitioner is ready to pay the entire maintenance to the respondent. Hence, this Court, without going into the merits of the case, direct the learned Judge, Family Court to dispose of the main case itself within the stipulated time as fixed by this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record. Despite notice served to the respondent, there is no representation on her behalf.

5. In view of the limited request sought for by the petitioner, this Court passes the following order:

''1. This Court directs the petitioner to pay entire arrears of maintenance to the respondent within a period of four weeks from the date of receipt of a copy of this order and produce the necessary proof before the Family Court.

2. After perusing the proof, the Family Court shall dispose of the main case within a period of six weeks from the date of the payment.''

8. With the above directions, this Criminal Revision Case is ddisposed of.

10.04.2024 rli Index : Yes/No Internet:Yes/No Speaking Order : Yes/No To The Family Judge, Coimbatore.

M.DHANDAPANI,J.

Rli Crl.RC.No.971 of 2021 10.04.2014