Madras High CourtCRL OP(MD)/4746/2026dismissed

Mamallan Karthi v. Minor Child Maseelan

2026-03-04Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2026

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.4746 of 2026 and Crl.M.P(MD)Nos.5085 & 5086 of 2026 Mamallan Karthi

...Petitioner/Petitioner

Vs Minor Child Maseelan, Rep. by his Mother, A.Brilliancy, Presently Residing At, No.29/2447, Kavi Bharathi Nagar, Mela Kavery, Kumbakonam Taluk, Thanjavur District.

...Respondent/Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to call for the records pertaining to M.C.No.63/2025 on the file of the learned Chief Judicial Magistrate, Kumbakonam and quash the same as illegal. For Petitioner : M/s.M.Karuppasamy 1/4

ORDER

The present petition has been filed seeking to quash the summon issued by the learned Chief Judicial Magistrate, Kumbakonam, in M.C.No.63 of 2025.

2. According to the learned Counsel appearing for the petitioner, he is regularly paying monthly maintenance to his minor son at the rate of Rs.15,000/- per month. However, suppressing the same, the present application seeking maintenance has been filed and therefore, he wants to quash the summons issued by the Court.

3. In case if the petitioner is able to establish that he is already paying Rs.15,000/-, it is for the concerned trial Court to take into consideration such payments while deciding the quantum of maintenance to be paid to the minor child of the petitioner. This is not a ground to quash the summons issued by the trial Court.

4. Considering the fact that the petitioner is residing in Chennai and M.C. has been filed in Kumbakonam, the personal appearance of the petitioner shall be dispensed with unless it is directed by the Court specifically. 2/4

5. With the above said observations, this Criminal Original petition stands dismissed. Consequently, connected miscellaneous petitions are also closed. 04.03.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To The learned Chief Judicial Magistrate, Kumbakonam.

3/4

R.VIJAYAKUMAR , J.

RJR Crl.OP.(MD)No.4746 of 2026 04.03.2026 4/4