Madras High CourtCRL RC/1964/2024dismissed

Gopalakrishnan v. Rev Athy

2024-11-19Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.No.16037 of 2024 Gopalakrishnan ... Petitioner Vs.

1.Revathy 2.Minor Niranjan Shriram ... Respondents PRAYER: Criminal Revision Case filed under Section 438 r/w. 442 of BNSS to set aside the impugned order dated 16.08.2024 passed in C.M.P.NO.1799 of 2024 in M.C.No.3 of 2022 by the learned District Munsif cum Judicial Magistrate, Arcot, Ranipet District.

For Petitioner :

Ms.S.Rithika

ORDER

The revision challenges the order passed in C.M.P.No.1799 of 2024 in M.C.No.3 of 2022 directing the petitioner to pay monthly maintenance of Rs.10,000/- to the respondents. The learned Magistrate, pending disposal of the maintenance case, had directed the petitioner to pay the said amount as Page No.1 of 4

maintenance.

2.The learned counsel for the petitioner would submit that the petitioner is unemployed; that the Assets and Liabilities are yet to be filed and in such circumstances, the order directing the petitioner to pay Rs.10,000/- per month is not in accordance with law and prayed for setting aside the order.

3.From the perusal of the impugned order, it is seen that the second respondent minor child is in the custody of the first respondent. Though the respondents had claimed maintenance of Rs.1,00,000/- per month, considering the facts and circumstances, the learned Magistrate had directed the petitioner to pay Rs.10,000/- per month as interim maintenance pending disposal of M.C.No.3 of 2022. Therefore, this Court finds no infirmity in the said order and hence, the order passed by the learned Magistrate is confirmed. However, the learned Magistrate may dispose of M.C.No.3 of 2022 as expeditiously as possible.

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4.Accordingly, the Criminal Revision stands dismissed. Consequently, connected miscellaneous petition is closed. 19.11.2024 Index:Yes/No Speaking Order/Non-Speaking Order cse Page No.3 of 4

SUNDER MOHAN, J.

cse To The District Munsif cum Judicial Magistrate, Arcot, Ranipet District.

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