Maboosubhani Pathan v. Sabirunnisa Begum Pathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.15923 of 2024

1. Maboosubhani Pathan S/o.Khayyum, Office Address, Technical Manager Of Ford Motor Pvt.Ltd., Plot No.13,15 And 16, Survey No.602/3 Part, Elcot It/ites Sez, Sholinganallur, Chennai-600 118. And Now Hawing Address At No.2-221, Panguluru, Janda Chettu Street, Janakavaram, Panguluru, Andhra Pradesh-523 261.

Petitioner(s) Vs

1. Sabirunnisa Begum Pathan W/o.Maboosubhani Pathan, D/o.S.Iqbal, No.31, Poongavanam Nagar, Kodungaiyur, Chennai-600 118.

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2.Minor Arshiya Fathima Pathan D/o.Maboosubhani Pathan 3.Minor Aairah Firdous Pathan D/o.Maboosubhani Pathan, Represented By The 1st Petitioner Mother And Natural Guardian, No.31, Poongavanam Nagar, Kodungaiyur, Chennai-600 118.

Respondent(s) PRAYER: This Criminal Revision Petition filed under Section 438 of BNSS, 2023, to set aside the order dated 04-09-2024 made in M.P.No.554/2024 in M.C.No.592/2023 on file of IV Additional Family Court at Chennai. For Petitioner(s):

Mr.M.David For Respondent(s):

Mr.G.Surya Narayanan

ORDER

This Criminal Revision Petition has been filed to set aside the order dated 04-09-2024 passed in M.P.No.554/2024 in M.C.No.592/2023 on file of IV Additional Family Court at Chennai.

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2. Heard the learned counsel appearing for the petitioner and the learned counsel for the respondent and perused the materials available on record.

3. The respondents have filed the petition under Section 125 of Cr.P.C., in M.P.No.554 of 2024 in M.C.No.592 of 2023, seeking interim maintenance, on file of IV Additional Family Court at Chennai. The learned Judge, Family Court vide impugned order dated 04-09-2024 ordered interim maintenance and directed the petitioner herein to pay a sum of Rs.15,000/- each to the respondents towards monthly interim maintenance. Aggrieved by the same, the petitioner has filed this criminal revision petition.

4. The petitioner has filed this criminal revision petition against the interlocutory order passed by the learned Judge, Family Court. Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be used against the interlocutory orders. Hence, no revision would lie against the interlocutory order.

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5. In view of the same, this criminal revision petition is dismissed as not maintainable. Consequently, connected miscellaneous petition is closed. However, the petitioner is at liberty to workout his remedy before the Family Court in the pending maintenance case in M.C.No.592 of 2023. 28-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To The IV Additional Family Court at Chennai.

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P.VELMURUGAN J mfa and CRL MP No.15923 of 2024 28-03-2025 6/6