Madras High CourtCRL RC/9/2024withdrawn dismissed

A.Kaliyamoorthi v. The State Rep By

2024-06-27Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl M.P.No.85 of 2025 & Crl.M.P.Nos 12715 of 2025 G.K.Vignesh .....

Petitioner Vs 1.Kamakshi Vignesh 2.Harshika (Minor) 3.Vishaka (Minor) .....

Respondents PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of the BNSS, 2023 to call for the records pertaining to an order dated 02.12.2024 passed in Crl.M.P.No.1924 of 2024 in Crl.M.P.No.1076 of 2024 in M.C.No.447 of 2023 by the Learned III Additional Principal Family Court, Chennai and set aside the same. For Petitioner : Mr.P.G.Thiyagu For Respondents : Ms.S.P.Arthi

O R D E R

This Criminal Revision Case has been preferred as against the order dated 02.12.2024 passed in Crl.M.P.No.1924 of 2024 in Crl.M.P.No.1076 of 2024 in M.C.No.447 of 2023 on the file of the III Additional Principal Family Court, Chennai thereby recalled the NBW issued against the petitioner on condition that the petitioner shall pay a sum of Rs.1,50,000/- towards arrears of maintenance on or before 26.12.2024.

2. The respondent filed a petition for maintenance as against the petitioner. Though the petitioner was duly served notice, he failed to appear before the trial court. Even after giving opportunities to contest the maintenance case, the petitioner failed to appear before the trial court. Therefore the maintenance case was ordered on 03.01.2024 and directed the petitioner to pay a sum of Rs.25,000/- as monthly maintenance to the respondents. Even then the petitioner did not comply the order and as such the respondent filed an application in Crl.M.P.No.1076 of 2024 for collection of arrears of maintenance from the period of April 2023 to February 2024. In the said petition also, the petitioner after receipt of notice, failed to appear. Therefore the trial court issued NBW against the

petitioner. In order to recall the NBW, the petitioner filed an application in Crl.M.P.No.1924 of 2024. It was allowed on condition that the petitioner shall pay a sum of Rs.1,50,000/- to the respondents towards arrears of maintenance.

3. In view of the above, this Court finds no infirmity or illegality in the order passed by the trial Court in Crl.M.P.No.1924 of 2024 in Crl.M.P.No.1076 of 2024 in M.C.No.447 of 2023 dated 02.12.2024 on the file of the III Additional Principal Family Court, Chennai

4. In the result, this Criminal Revision Case stands dismissed. Consequently, the Crl.M.P.Nos.85 & 12715 of 2025 are closed. 04.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Nhs

G.K.ILANTHIRAIYAN, J.

Nhs To The III Additional Principal Family Court, Chennai & Crl M.P.No.85 of 2025 & Crl.M.P.Nos 12715 of 2025 04.07.2025