K.V.Kirubakaran v. A.Jansirani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.12.2025

CORAM:

THE HONOURABLE MR. JUSTICE SUNDER MOHAN K.V.Kirubakaran

...Petitioner

-Vs1.A.Jansirani 2.Minor K.Banushree 3.Minor K.Jeethika (Minor 2 and 3 rep. by their mother next friend A.Jansirani)

...Respondents

PRAYER: Criminal Revision Petition is filed under Sections 438 and 442 of BNSS Act, 2023, to call for the entire records and set aside the order passed by the learned Judicial Magistrate, Katpadi in Cr.M.P.No.1030/2025 in M.C.No.15/2023.

For Petitioner :

Mr.D.Rajagopal

ORDER

The Revision challenges the order passed by the learned Judicial Magistrate, Katpadi directing the petitioner to pay an interim maintenance of Rs.5,000/- to each of the respondents herein till the disposal of M.C.No.15 of 2023.

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2.The trial Court found that the respondents are unable to maintain themselves and therefore, the petitioner is bound to pay interim maintenance till the disposal of M.C.No.15 of 2023.

3.The learned counsel for the petitioner would submit that the petitioner is not employed and that he cannot pay the interim maintenance of Rs.15,000/- pending disposal of M.C.No.15 of 2023. 4.On a perusal of the impugned order, it is seen that there are two minor children in the custody of the first respondent. The first respondent is unemployed as seen from the impugned order. The petitioner is bound to maintain them and in the circumstances, the impugned order passed by the learned Magistrate is justified and there is no reason to interfere with the same. However, the learned Magistrate may conclude the proceedings in M.C.No.15 of 2023, within a period of three (3) months from the date of receipt of a copy of this order. The petitioner shall pay the interim maintenance as ordered by the learned Magistrate till then. 2/4

5.Accordingly, the Criminal Revision Petition is dismissed. 18.12.2025 Tsg To 1.The Judicial Magistrate, Katpadi 2.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J., Tsg 18.12.2025 4/4