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Madras High CourtCRL RC(MD)/202/2018dismissed

Mathimannan, v. Hemalatha,

2018-07-09Honourable Mrs Justice R. Tharani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2018

CORAM

THE HONOURABLE MRS.JUSTICE R. THARANI Crl. R.C.(MD)No.202 of 2018 and Crl.M.P.(MD)No.2657 of 2018 Mathimannan .. Petitioner/Appellant/Respondent/ 1st Respondent Vs.

1.Hemalatha 2.Minor.SRi Magithi Vishalini Represented by Mother/Natural Guardian the 1st Respondent) .. Respondents/Respondents/ Petitioners/Petitioners Prayer : This revision case is filed under Sections 397 read with 401 of Cr.P.C., against the order passed in Crl.A.No.112 of 2017, on the file of the I Additional District Judge (PCR), Trichirappalli, dated 23.02.2018 in C.M.P.No.2863 of 2017 in D.V.C.No.6 of 2017, dated 27.10.2017, on the file of the Judicial Magistrate, Musiri. For Petitioner : Mr.V.Illanchezian For R-1 : Mr.N.R.Murugesan

ORDER

Though this Court has passed an order, dated 24.04.2018, directing the petitioner to deposit the entire arrears of the maintenance amount, the petitioner has not complied with the same. 2.On 28.06.2018, on the side of the respondent, it is stated that the petitioner has not paid either the arrear amount or the monthly maintenance and he has not complied with the order. In these circumstances, the petitioner was given further time to deposit the arrears of amount, however, he has not chosen to deposit the amount sofar.

3.The learned counsel for the petitioner fairly admitted that the amount was not paid sofar.

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4.The maintenance is an immediate relief to the wife and children. Unless or until the order was not obeyed by the petitioner, he cannot approach this Court for further remedy. 5.In these circumstances, this Criminal Revision Case is dismissed and the petitioner is given liberty to file a fresh petition after paying the arrears of payment. Consequently, the connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The I Additional District Judge (PCR), Trichirappalli.

2. The Judicial Magistrate, Musiri.

3. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.R.MURUGESAN, Advocate in SR.No.71738 LS RJ/RP/SAR-4/18/07/2018 - 2P/5C Crl. R.C.(MD)No.202 of 2018 09.07.2018 https://hcservices.ecourts.gov.in/hcservices/