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Madras High CourtCRL OP(MD)/2824/2020dismissed

A.Kalidass v. K.Sudali

2022-12-13Honourable Mr Justice Sunder Mohan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN A.Kalidass ... Petitioner/Revision Petitioner/ Respondent Vs.

K.Sudalai ... Respondent/Respondent/ Petitioner PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to Cr.R.C.No.23 of 2016 on the file of the IV Additional Sessions Judge, Tirunelveli and set aside the order dated 03.01.2020 in confirming the order passed by the Chief Judicial Magistrate, Tirunelveli dated 27.06.2019 in MC No.2 of 2016 and allow the petition. For Petitioner : Mr.P.Ramasamy (No appearance) For Respondent : No appearance

O R D E R

This petition is filed to set aside the order, dated 03.01.2020 passed by IV Additional Sessions Judge, Tirunelveli in Cr.R.C.No.23 of 2016 in confirming the order passed by the Chief Judicial Magistrate, Tirunelveli in MC No.2 of 2016, dated 27.06.2019.

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2.There was no representation for the petitioner, when the matter was called on 12.12.2022. Today the matter is listed under the caption for dismissal and there is no representation for the petitioner today also. 3.The respondent had filed a petition claiming maintenance before the learned Judicial Magistrate, Tirunelveli. The said petition was allowed and granted maintenance of Rs.2,500/- per month. The petitioner challenged the said order before the IV Additional Sessions Judge, Tirunelveli and the same was also dismissed. Aggrieved by the said order, the petitioner has preferred the above petition.

4.On perusal of the orders passed by the lower Courts, it is seen that the award of maintenance of Rs.2,500/- per month is justified. The petitioner has not made out any ground to interfere in the said findings. Further there is no representation for the petitioner continuously. 5.In view of the above, this Criminal Original Petition is dismissed. 13.12.2022 Index : Yes / No Internet : Yes / No Ns 2/3

SUNDER MOHAN, J.

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