Madras High CourtCRP(MD)/534/2025allowed

Vivekananthan v. Vanaja

2025-03-27Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2025

CORAM

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Vivekananthan .... Petitioner/Petitioner/Appellant -vs1.Vanaja 2.Minor Sivaranjani 3.Minor Nivetha ....Respondents/Respondents/Respondents (Minors 2 & 3 are represented by their Guardian and Mother, the 1st Respondent) PRAYER: The Civil Revision Petition has been filed under Article 227 of Constitution of India, to set aside the order dated 28.06.2024 passed in Crl.M.P.No.2367 of 2024 in UF Crl.A.on the file of the learned Principal Sessions Judge, Thanjavur, Thanjavur District. For Petitioner : Mr.C.Suresh Kannan For Respondents : Mrs.Vanaja Party-in-person 1/4

O R D E R

The present revision petition has been filed challenging the order passed by the Principal Sessions Judge, Thanjavur in Crl.M.P.No.2367 of 2024 in un-filed criminal appeal.

2.The petitioner herein has suffered an order in D.V.C.No.10 of 2020 on the file of the District Munsif Cum Judicial Magistrate, Thiruvidaimaruthur. Challenging the said order, the petitioner has filed an appeal before the Principal Sessions Judge, Thanjavur with a delay. The learned District Judge was pleased to allow the condone delay application on condition to deposit 25% of arrears of maintenance amount to the credit of D.V.C.No.10 of 2020. Challenging the condition imposed in the said order, the present civil revision petition has been filed. 3.As per direction of this Court, the petitioner has already deposited a sum of Rs.2,00,000/- to the credit of D.V.C.No.10 of 2020. 4.In view of the above said facts, this Court is inclined to issue a direction to the learned Principal Sessions Judge, Thanjavur to number the criminal appeal and proceed in accordance with law. 5.The first respondent, namely the wife, had appeared in person before this Court. As per her request, she is permitted to withdraw the 2/4

entire sum of Rs.2,00,000/- from the District Munsif Cum Judicial Magistrate, Thiruvidaimaruthur.

6.With the above said observations, this civil revision petition stands allowed. No costs.

27.03.2025 Index : Yes/No Internet : Yes/No NCC : Yes/No msa To 1.The Principal Sessions Judge, Thanjavur 2.The District Munsif Cum Judicial Magistrate Thiruvidaimaruthur 3.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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R.VIJAYAKUMAR, J msa 27.03.2025 4/4