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Madras High CourtCRP/4381/2024dismissed

P.M.Chenthil Kumar v. P.Pushpa Latha

2025-10-16Honourable Mr.Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-10-2025

CORAM

THE HONOURABLE MR.JUSTICE P.B. BALAJI C.R.P.No.4381 of 2024 and CMP No.24393 of 2024 P.M.Chenthil Kumar .... Petitioner vs P.Pushpalatha ... Respondent Revision filed under Article 227 of the Constitution of India to call for the records pertaining to the petiton in Crl.M.P.No.5827 of 2023 in DVC No.40 of 2017 on the file of XVII Metropolitan Magistrate, Saidapet, Chennai.

For Petitioner :

Mr.Charles Kamalesh M.Appaji For Respondent :

Mr.R.Thirumoorthy

ORDER

Heard the learned counsel for the revision petitioner and the learned counsel for the respondent.

2.The petitioner is the husband who has suffered an order under the 1/4

Protection of Women from Domestic Violence Act. The Judicial Magistrate has directed the petitioner/husband to pay a sum of Rs.10,00,000/-(Rupees Ten Lakhs Only) to the respondent/wife and also Rs.5,000/-(Rupees Five Thousand Only)per month towards maintenance of the minor child.

3. According to the respondent/wife, the petitioner has not complied with the said order and therefore, the respondent has been constrained to file an application under Section 31 of the Domestic Violence Act. Challenging the very filing of the said application under Section 31 of the Domestic Violence Act, the present revision has been filed.

4. Learned counsel for the petitioner would state that the main order passed under Domestic Violence Act has been challenged and two appeals are pending in Crl.A.Nos.231 and 506 of 2024 before the III Additional City Civil Court, Chennai.

5. Admittedly, there is no interim order in the pending appeals and therefore, the application that has been taken out to enforce the order passed in the DVC proceedings in favour of the respondent cannot be found fault 2/4

with. However, in order to give some breathing time to the petitioner to get orders in the pending appeals, the following order is passed: i) the Proceedings in Crl.M.P.No.5827 of 2024 shall be deferred by four weeks from the date of receipt of a copy of this order;

ii) In the meantime, it is open to the revision petitioner to seek either in interim protection or final disposal of criminal appeals in Crl.A.Nos.231 and 506 of 2024.

6. Learned counsel for the respondent states that the respondent would co-opeate for disposal of the criminal appeals.

7. With the above observation, the civil revision petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 16.10.2025 Index:yes/no Website:yes/no Speaking Order/Non-Speaking Order sr P.B.BALAJI.,J 3/4

sr To The XVII Metropolitan Magistrate Court, Saidapet CRP No.4381 of 2024 16.10.2025 4/4