Madras High CourtCONT P(MD)/413/2020closed

Kasidurai Selvi v. S.P.Arumugam

2020-03-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont. P(MD)No.413 of 2020 in Crl.R.C.(MD)No.645 of 2019 Kasidurai Selvi ... Petitioner/Respondent Vs.

S.P.Arumugam ... Respondent/Petitioner Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor for his wilful disobedience of the order passed by this Court in Crl.R.C.(MD) No.645 of 2019, dated 06.09.2019 and punish the contemnor according with law.

PRAYER IN CRL RC(MD).645 OF 2019:

Criminal Revision Cases is filed 397(1) read with 401 of Criminal Procedure Code, praying this Hon'ble Court to call for records and set aside the Judgment dated 06.10.2017 passed in CRL A No.36 of 2016 on the file of the learned I Additional District and Sessions Judge, Thoothukudi, Thoothukudi District confirming the order dated 01.04.2016 passed in M.C.No.119. For Petitioner : Mr.G.Anbuchezheian

O R D E R

This contempt petition has been filed alleging non compliance of the direction given by this court in Crl.R.C.(MD)No.645 of 2019.

2.The petitioner had filed M.C.No.119 of 2014 before the Judicial Magistrate No.I, Thoothukudi. It was allowed. The same was also confirmed in Crl.A.No.36 of 2016 on the file of the First Additional District and Sessions Judge, Thoothukudi. When the respondent S.P.Arumugam filed revision case before this Court, I declined to interfere and confirmed the orders passed by the Court below. However, I had granted three months time to the husband to clear the arrears. That will not constitute a direction to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

husband, so as to give cause of action to the wife to file a contempt petition before this Court. It is for the petitioner to enforce the maintenance orders before the Court of the jurisdictional Magistrate. Leaving open her rights, the contempt petition stands closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi

1. The Judicial Magistrate No.I, Thoothukudi.

2. The Chief Judicial Magistrate, Thoothukudi.

3. The I Additional District and Sessions Judge, Thoothukudi. ORDER MADE IN Cont. P(MD)No.413 of 2020 in Crl.R.C.(MD)No.645 of 2019 NS(CO) TR(27.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2