Mohammed Thaha, v. Beema,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2023

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and CMP(MD).No.1845 of 2023 Mohammed Thaha ... Petitioner -vs1.Beema 2.Minor Nowfa Taj (Minor represented by her mother 1st respondent) ... Respondent PRAYER: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to strike off the entire proceedings in M.C.No.22 of 2022 pending on the file of the Judicial Magistrate, Tenkasi. For Petitioner : Mr.R.Anand

O R D E R

The revision petition has been filed challenging an order passed in M.C.No.22 of 2022 pending on the file of the Judicial Magistrate, Tenkasi.

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2.The present revision petition is not maintainable as against the order passed by the Judicial Magistrate, Tenkasi, in view of the fact that the said order has not been passed under Protection of Women from Domestic Violence Act, 2005. The said proceedings have been initiated by the wife under Section 125 Cr.P.C. Therefore, the present revision is not maintainable in view of the fact that alternative remedy is available to the revision petitioner.

3.Accordingly, this Civil Revision Petition is dismissed with liberty to the petitioner to invoke the provisions under Section 482 of Cr.P.C. No costs. Consequently, connected miscellaneous petition is closed.

22.02.2023 Index : Yes/No Internet : Yes/No NCC : Yes/No msa To 1.Judicial Magistrate, Tenkasi.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J msa and CMP(MD).No.1845 of 2023 22.02.2023 3/3