S.Ganesan v. G.Venkatalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR in Crl.R.C.(MD) SR. No.2011 of 2023 and Crl.R.C.(MD) SR. No.2011 of 2023 S.Ganesan ... Petitioner/Petitioner vs.

1.G.Venkatalakshmi 2.Minor G.Suthiksha minor represented by her mother and Guardian G.Venkatalakshmi ... Respondents/Respondents PRAYER in : Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 12 days in filing the criminal revision petition against the order dated 18.06.2022 made in M.C.No.52 of 2020 on the file of Family Court, Thoothukudi.

PRAYER in Crl.R.C.(MD) SR. No.2011 of 2023 : Criminal Revision filed under Sections 397 & 401 of Criminal Procedure Code, to call for records and set aside the order dated 18.06.2022 made in M.C.No.52 of 2020 on the file of the Family Court, Thoothukudi. 1/4

For Petitioner/Petitioner : Mr.D.Venkatachalam in both cases For Respondents in both : Mr.Laxmi Gopinathan cases for M/s.Polex Legal Solutions COMMON ORDER This Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 12 days in filing the Criminal Revision challenging the order passed in M.C.No.52 of 2020 dated 18.06.2022 on the file of the Family Court, Thoothukudi.

2. When the matter is taken up for hearing today, the learned counsel appearing for the respondents would submit that despite the specific directions, the petitioner has not complied with the direction of this Court till now.

3. It is seen from the records that the petitioner was directed to deposit 50% of the arrear amount before the Family Court, Thoothukudi in M.C.No.52 of 2020 and since the petitioner has not complied with that order, at the request of the learned counsel appearing for the petitioner, the matter was adjourned to 29.03.2023 and then to 20.04.2023 for reporting compliance.

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4. When the matter was taken up for hearing on 20.04.2023, considering the submission made by the learned counsel appearing for the petitioner as well as the respondents and taking note of the fact that the petitioner has not complied with the earlier order, this Court has passed a conditional order directing the petitioner to comply with the order of this Court on or before 06.06.2023, failing which, this petition shall stand dismissed automatically and the matter was posted on 07.06.2023.

5. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has not complied with the order.

6. Despite of sufficient opportunity given to the petitioner, the petitioner has not complied with the order of this Court. Hence, this Court is not inclined to condone the delay. Accordingly, this criminal miscellaneous petition is dismissed. Consequently, Crl.R.C.(MD)SR.No. 2011 of 2023 is rejected at SR stage itself.

16.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No csm 3/4

K.MURALI SHANKAR, J.

csm in Crl.R.C.(MD) SR. No.2011 of 2023 and Crl.R.C.(MD) SR. No.2011 of 2023 Dated : 16.06.2023 4/4