V.I.Ismail v. Parvin Boby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.2041 of 2023 and Crl.M.P.No.18851 of 2023 V.I.Ismail

...Petitioner

Vs.

1. Parvin Boby

2. Minor Hayaash

3. Minor Hamna

...Respondents

(respondents 2 and 3 are represented by their Mother & Guardian the first respondent) The Criminal Revision filed under Section 397 & 401 of Cr.P.C. to call for the records pertaining to the order made in C.M.P.No.18 of 2023 in M.C.No.4 of 2022 dated 06.06.2023 by the learned Additional Principal Judge, Additional Family Court, Coimbatore, consequently set aside the same by allowing the present Criminal Revision. For Petitioner : Mr.P.Padmeshwari For Respondents : Mr.R.Prabakar ****** 1/4

ORDER

The Criminal Revision Case is preferred against the order of made in C.M.P.No.18 of 2023 in M.C.No.4 of 2022 dated 06.06.2023 by the learned Additional Principal Judge, Additional Family Court, Coimbatore. It is seen that the petitioner is husband, first respondent is wife and the respondents 2 and 3 are their minor children. The first respondent/wife filed maintenance case in M.C.No.04 of 2022 seeking maintenance from the petitioner/husband. Pending the above case, the respondents filed miscellaneous petition under Section 125(1)(a)(b) of Cr.P.C. seeking interim maintenance of Rs.10,000/- for the first respondent/wife and Rs.5,000/- to each of the respondents 2 and 3/minor children. The learned Additional Principal Judge, after hearing both the parties, by order dated 06.06.2023, directed the petitioner/husband to pay a sum of Rs.5,000/- to the first respondent/wife and Rs.2,500/- to each of the respondents 2 and 3. Aggrieved against the same, the petitioner/husband is before this Court.

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This revision is preferred as against the interlocutory order passed in C.M.P.No.18 of 2023 in M.C.No.04 of 2022. The maintenance case itself is summary in nature and as per Section 397(2) Cr.P.C. as against any interlocutory order passed by the Court below, revision would not lie before this Court.

Therefore the Criminal Revision Case stands dismissed. Consequently connected miscellaneous petition is closed. 13.03.2025 cgi To The Additional Principal Judge, Additional Family Court, Coimbatore.

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P.VELMURUGAN, J., cgi Crl.R.C.No.2041 of 2023 and Crl.M.P.No.18851 of 2023 13.03.2025 4/4