Madras High CourtCRL OP(MD)/3154/2023disposed of

M.Baskaran v. D.Pasupathi

2024-12-02Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD) No.3154 of 2023 and Crl.M.P.(MD) No.2886 of 2023 M.Baskaran ... Petitioner Vs.

1.D.Pasupathi 2.Minor B.Metha Sri ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the order passed by the learned Sessions Court, Thoothukudi made in Cr.RC.No. 10/2019 dated 30.06.2022 whereby confirmed the order passed by the learned Chief Judicial Magistrate Court, Thoothukudi in MC.08/2017 dated 30.08.2018 and set aside the same and allow the above criminal original petition.

For Petitioner : Mr.C.Gangai Amaan 1/4

O R D E R

This petition has been filed challenging the order passed by the Sessions Court, Thoothukudi, in Crl.R.C.No.10 of 2019 dated 30.06.2022, confirming the order passed by the learned Chief Judicial Magistrate, Thoothukudi, in M.C.No.08 of 2017, dated 30.08.2018. 2.When the matter came up for hearing on 18.11.2024, the learned counsel for the petitioner submitted that the petitioner has paid the maintenance amount of Rs.16,000/- per month (Rs.8,000/- to each of the respondent) till date.

3.When the matter was taken up for hearing today, the learned counsel for the petitioner also filed additional typed set of papers containing the documents to prove that the petitioner has paid the maintenance amount as fixed by the Court below till date. 4.In the considered view of this Court, the petitioner has been complying with the order passed by the Court below by paying the 2/4

maintenance amount as fixed by the Court below. If according to the petitioner, there is any change in circumstances requiring modification of the order of maintenance, it is always open to the petitioner to move an appropriate application before the trial Court and seek for the modification of the maintenance amount. Except giving this clarity, no further orders are required to be passed in this petition. 5.Till the maintenance amount is modified, the petitioner will continue to pay the maintenance amount as fixed by the Court below.

6.This Criminal Original Petition stands disposed of in the above terms. Consequently, connected miscellaneous petition is closed. 02.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/4

N.ANAND VENKATESH,J.

PKN Dated: 02.12.2024 4/4