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Madras High CourtCRL RC/1678/2025dismissed

M.Gopi v. Mohanapriya

2025-11-27Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI Crl.R.C.No.1678 of 2025 and Crl.M.P.Nos.17097 of 2025 Mr.M.Gopi

...Petitioner

Vs.

1. Smt. Mohanpriya 2.Minor Harish

3. Block Development Officer, Block Development Office, Pudupalayam, Tiruvannamalai ..... Respondents Prayer: This Criminal Revision case is filed under section 438 r/w 442 of BNSS to allow the above Crl.R.C by setting aside the order dated 15.03.2024 passed in Crl.M.P.No.300 of 2022 in M.C.No.1 of 2019 on the file of Additional Mahila Court, Thiruvannamalai and pass orders. For appellant : Mr.N. Sivaprakash For Respondents 1and2 : Mr. S. Silambuselvan For Respondent 3 : Dr.C.E. Pratap, Government Advocate

O R D E R

This petition is filed to set aside the order dated 15.03.2024 passed in Crl.M.P.No.300 of 2022 in M.C.No.1 of 2019 on the file of Additional Mahila Court, Thiruvannamalai and pass orders.

2.The facts of the case is that the petitioner married the respondent on 04.02.2021. Out of the said wedlock they were blessed with one child/second respondent. Thereafter, there was some misunderstanding between them. Due to which the first respondent filed a maintenance petition in M.C.No.1 of 2019 on the file of Additional Mahila Court, Thiruvannamalai, wherein the learned Judge has allowed the petition on 29.11.2021 and directed the petitioner to pay a sum of Rs.30,000/- as monthly maintenance to the respondents. The said order has not been complied by the petitioner, hence the first respondent filed a petition in Crl.M.P.No.300 of 2022 in M.C.No.1 of 2019 to attach the salary of the petitioner and the same was also allowed on 15.03.2024. Aggrieved over the same the petitioner has come up with this petition.

3. The learned counsel for the petitioner submits that he had already paid a sum of Rs.79,500/- to the respondents as maintenance and the same was not taken note by the learned Judge and passed the impugned order. Hence, prays to allow this petition.

4 . The learned counsel for the respondents submits that inspite of the directions issued by the Court below and this Court the petitioner has not turned up and failed to pay the maintenance amount and has not taken care of the child. He further submitted that the learned Judge has considered all the aspects and passed the impugned order, which needs no interference. Hence prays to dismiss this petition.

5. Heard both sides and perused the materials available on record.

6. On a perusal of records it is seen that this Court vide order dated 15.09.2025 had granted stay in Crl.M.P.No.300 of 2022 with a condition to the petitioner to deposit a sum of Rs.3,50,000/- to the credit of M.C.No.1 of 2019 on the file of Additional Mahila Court, Thiruvannamalai within a period of 3 weeks from the date of receipt of a copy of this order and the petitioner shall also pay a sum of Rs.20,000/- per month to his wife and son as interim maintenance on or before 5th day of every english calendar month until the disposal of the revision petition and posted the matter on 15.10.2025.

7. When the matter is taken up for hearing on 15.10.2025 the learned counsel for the petitioner sought instructions, hence the stay was extended and the matter is adjourned to 07.11.2025. Inspite of the directions issued by this Court the petitioner has not turned up and the stay was vacated by this Court on 07.11.2025 and in order to give one more opportunity for the petitioner the matter was posted today i.e 27.11.2025. However, the petitioner has not complied with the orders passed by this Court.

8. For the foregoing reasons the order passed by the learned Judge in Crl.M.P.No.300 of 2022 in M.C.No.1 of 2019 on the file of Additional Mahila Court, Thiruvannamalai is confirmed and this Criminal Revision case is dismissed. Consequently the connected miscellaneous petition is closed. 27.11.2025 To

1. The learned Additional Mahila Court, Thiruvannamalai 2.Block Development Officer, Block Development Office, Pudupalayam, Tiruvannamalai

T.V.THAMILSELVI ,J.

smn Crl.R.C.No.1678 of 2025 and Crl.M.P.Nos.17097 of 2025 27.11.2025