Madras High CourtCRL RC(MD)/186/2018dismissed

Rajendran, v. Latha,

2018-03-26Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.R.C.(MD)No.186 of 2018 and Crl.MP.(MD)No.2413 of 2018 Rajendran : Petitioner / Petitioner -Vs.- 1.Latha 2.Minor Jayaprakash : Respondents / Respondents [Respondent No.2 is represented through his mother who is the first respondent herein.] Prayer: Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C., to set aside the order dated 15.05.2013 made in M.C.No.18 of 2006 on the file of the Family Court, Madurai. For Petitioner : Mr.Sankara Narayanan For Respondents : No appearance

O R D E R

For the sake of convenience, the parties will be referred by their name.

2. Latha got married to Rajendran and they have one son, by name, Jayaprakash [minor]. It appears that the couple got estranged. Latha filed M.C. No.18 of 2006 under Section 125 Cr.P.C., claiming maintenance for herself and minor son. The Family Court, Madurai, by order dated 15.05.2013 in MC.No.18 of 2006 has dismissed the petition qua Latha, but has granted maintenance of Rs.2,000/- per month to Jayaprakash. Challenging the said order, Rajendran has filed the present Criminal Revision Case with a huge delay of 699 days. Therefore, Rajendran filed M.P.(MD).No.1 of 2015 in Crl.R.C.(MD)No.186 of 2018 under Section 5 of the Limitation Act for condonation of delay of 699 days and this Court, has allowed the said petition and has taken up the main Criminal Revision Case for hearing.

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3. It is seen that Rajendran has not disputed paternity of Jayaprakash. He had only made allegations against his wife Latha.

The Family Court, Madurai, has not granted any maintenance to Latha and has granted a sum of Rs.2,000/-, which is a paltry sum as maintenance to minor son.

4. This Court does not find any infirmity in the order passed by the Family Court, Madurai, warranting interference. Hence, this Criminal Revision Case is devoid of merits and the same is dismissed. Consequently, the connected Miscellaneous Petition is dismissed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Judge, Family Court, Madurai.

SM TE/JC/SAR-4 : 20/04/2018 : 2P/2C Order made in Crl.R.C.(MD)No.186 of 2018 26.03.2018 https://hcservices.ecourts.gov.in/hcservices/