Kannadasan @ Israel v. Nithya @ Angelin Syndia

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.08.2025

CORAM:

THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C No.1410 of 2025 and Crl.M.P No.15454 of 2025 Kannadasan Alias Israel ... Petitioner ..Vs.

1. Nithya alias Angelin Syndia

2. K. Beulah Florencia ... Respondents Prayer: This Criminal Revision Petition is filed under Section 438 read with 442 of BNSS Act, 2023, against the fair and decreetal order of the II Additional Principal Family Court at Chennai dated 06.08.2024 in M.P.No.1123 of 2023 in M.C.No.52 of 2019.

For Petitioner : Mr.S.M.Sshriram Narayanan R1 & R2 : Mrs.D.Esther Priya

O R D E R

This revision has been filed as against the order passed in M.P No.1123 of 2023 in M.C No.52 of 2019 dated 06.08.2024, by the II 1/4

Additional Principal Judge, Family Court, Chennai, thereby allowed the petition to restore the maintenance case.

2. The 1st respondent is the wife of the petitioner and due to misunderstanding they got separated. Thereafter, the petitioner filed a divorce petition and the same was also decreed in the year 2011. Thereafter, in the year 2019, the petitioner filed a petition seeking for maintenance. Even then, they lived together and gave birth to a female child. Thereafter, once again they had misunderstanding and got separated. Therefore, the 1st respondent was driven out from the matrimonial home. Thereafter, she could not able to maintain herself and hence, she filed a maintenance case. However, it was dismissed for default. Subsequently, the 1st respondent filed a petition to restore the maintenance case along with the condone delay petition. Both the petitions were allowed. Aggrieved by the same, the present revision is filed. In order to give one more opportunity to the 1st respondent, the trial Court had rightly allowed the petitions. Therefore, this Court finds no infirmity or illegality in the order passed by the trial Court. 2/4

3. Accordingly, this Criminal Revision Case is dismissed. The trial Court/ II Additional Principal Judge, Family Court at Chennai, is directed to dispose the case in M.C No.52 of 2019 within a period of three months from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. 13.08.2025 Index:Yes/No Internet:Yes/No uma To The II Additional Principal Family Court, Chennai 3/4

G.K.ILANTHIRAIYAN,J uma Crl.R.C No.1410 of 2025 and Crl.M.P No.15454 of 2025 13.08.2025 4/4