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Madras High CourtCRL RC/1437/2025allowed

Aadhi Lingeshwaran v. S.Janani

2025-08-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 14.08.2025 Coram:

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN CRL.R.C.No.1437 of 2025 & Crl.M.P.No.15537 of 2025 Aadhi Lingeshwaran

...Petitioner

Vs.

S.Janani

...Respondent

Prayer:

Criminal Revision filed under Section 438 of BNSS, 2023 to set aside the Suomoto Docket order dated 26.05.2025 in M.C.No.648 of 2024 passed by the I Additional Family Court, Chennai For Petitioner : Mr.G.Pavendhan

O R D E R

The present Revision has been preferred as against the order passed in M.C.No.648 of 2024 on the file of the First Additional Family Court, Chennai dated 26.05.2025 thereby closed the filing of affidavit of asset and liability statement by the petitioner.

2. The petitioner is the husband of the respondent and they got married, Page 1 / 4

however, due to misunderstanding they got separated and the respondent was driven out from the matrimonial home and living separately. Therefore, the respondent could not able to maintain herself and filed a petition for maintenance. While the case is pending for trial, the petitioner failed to file an affidavit of asset and liability statement before the trial court as required under law. Even though the petitioner was given sufficient opportunity, he did not file asset and liability statement and as such, it was closed on 26.05.2025. As against the same, the present Revision has been filed.

3. The learned counsel for the petitioner submits that on 26.05.2025, the petitioner was absent before the court below since he attended examination, however, now the petitioner is ready with asset and liability statement.

4. In view of the above, the closing of filing of affidavit of asset and liability is set aside and the petitioner is permitted to file an affidavit of asset and liability on the next hearing without fail. If the petitioner failed to file his affidavit of asset and liability on the next hearing, the closing of filing of affidavit shall stand restored and the trial court is directed to proceed in accordance with law.

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5. In the result, the present Revision is allowed. Consequently, connected miscellaneous petition is closed.

14.08.2025 Index : Yes / No Internet : Yes / No Speaking Order / Non Speaking Order ssd To

1. The I Additional Family Court, Chennai

2. The Public Prosecutor, High court, Madras G.K.ILANTHIRAIYAN , J.

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