Madras High CourtCRL OP(MD)/4413/2020disposed of

Ms.Atchaya v. Sankaranarayanan

2020-03-11Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4413 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4413 of 2020 1.Atchaya 2.Aditthya 3.Minor Arunadevi Rep. By Mother and Natural Guardian Indra Gandhi ... Petitioners -vsSankaranarayanan ... Respondent PRAYER: Petition filed under Section 482 of the Criminal Procedure Code to direct the Hon'ble Family Court, Sivagangai to number the maintenance petition in unnumbered MC.SR.No.99 of 2020 on the file without insisting the presence of the petitioners 1 and 2. For Petitioner :

Mr.V.S.Kumaraguru

O R D E R

This Criminal Original Petition has been filed for directing the Family Court, Sivagangai to number the petition filed by the petitioners herein under Section 125 of Cr.P.C. 2.I went through the endorsement of return made by the learned Judge, Family Court, Sivagangai. Taking note of the over all facts and circumstances, the following direction is issued ; i)the petitioners are directed to represent the M.C.SR.No.99 of 2020 before the learned Judge, Family Court, Sivagangai on 16.03.2020. Eventhough, the petition has been filed by three daughters of the respondent, the third daughter Minor. Arunadevi, aged about 15 years, is represented by her mother Indira Gandhi. It is enough if her mother Indira Gandhi represents all the three petitioners herein.

ii)the learned Judge, Family Court, Sivagangai will not insist on the presence of the petitioners 1 and 2 even for numbering the petition. The petitioner 1 is said to be pursuing course in medicine.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4413 of 2020 3.It is well settled that while a male who had attained the age of majority, cannot ask for maintenance against her father, as far as the daughters are concerned, till they get married, they can claim maintenance from their father.

4.The petitioners will also be permitted to be represented through their counsel. The learned Judge, Family Court, Sivagangai will number the Maintenance Petition without any delay and also endeavour to conclude the case on merits and in accordance with law within a period of six months from the date of receipt of a copy of this order.

5.Considering the nature of relief granted in this Criminal Original Petition, notice to the respondent is dispensed with. It is made clear that I have not gone into the merits of the matter. 6.With this direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) pnn To The Judge, Family Court, Sivagangai.

+1 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-11023[F] dated 11/03/2020 Crl.O.P.(MD)No.4413 of 2020 11.03.2020 JMN/SAR-3 (13.03.2020) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2