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Madras High CourtCRL RC/369/2025dismissed

V.Gayathri v. R.Veera @ Veerappan

2025-07-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. V.Gayathri

2. Minor Keerthana

3. Minor Keerthika .....

Petitioners Vs R.Veera @ Veerappan .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of the BNSS, 2023 to set aside the order of the VI Additional Judge Family Court at Chennai, made in M.P.No.1614 of 2023 in M.C.No.110/2019 dated 02.08.2024 and allow this Criminal Revision Case in favour of the petitioners as per law. For Petitioner : Mr.S.Dhanusu For Respondent : Mr.D.Padmanabhan

O R D E R

This Criminal Revision Case has been preferred as against the order dated 02.08.2024 passed in Crl.M.P.No.1614 of 2023 in M.C.No. 110 of 2019 on the file of the VI Additional Judge Family

Court at Chennai thereby the petition filed to restore the maintenance case in M.C.No.110 of 2019 was dismissed for default.

2. Heard the learned counsel appearing for the petitioner as well as the respondent and perused the materials placed on record.

3. A perusal of the records reveal that the petitioner did not appear before the trial court continuously for several hearings. That apart, the first and the second petitioner are in custody of the respondent herein. Further, the respondent filed a divorce petition on the ground of adultery as against the first petitioner which was also dismissed for default. Therefore, the trial court rightly had given liberty to the first petitioner to file a fresh application for maintenance.

4. In view of the above, this Court finds no infirmity or illegality in the order passed by the VI Additional Judge Family Court, Chennai in Crl.M.P.No.1614 of 2023 in M.C.No.110 of 2019 dated 02.08.2024. However, the first petitioner is at liberty to file a fresh petition seeking maintenance as against the respondent.

5. In the result, this Criminal Revision Case stands dismissed. 08.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs To The VI Additional Judge Family Court, Chennai

G.K.ILANTHIRAIYAN, J.

Nhs 08.07.2025