Gracelin Ebenezer v. Suthakar Kanidurai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.3088 of 2017 and Crl.M.P.(MD)No.2346 of 2017 Gracelin Ebenezer : Petitioner/Respondent Vs.

Suthakar Kanidurai : Respondent/Petitioner Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the entire records pertaining to the case in M.C.No.3 of 2017 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District and quash the same. For Petitioner : Mr.R.Anand For Respondent : Mr.Suthakar Kanidurai Party-in-person *******

O R D E R

For the sake of convenience, the parties will be referred to by name.

2. It is the case of Suthakar Kanidurai that he got married to Gracelin Ebenezer on 30.04.2007 and has two children through the wedlock. It is his further contention that he has no means to maintain his wife and that his wife has neglected to maintain him. Hence, he has filed M.C.No.3 of 2017 before the learned Judicial Magistrate, Valliyoor, Tirunelveli District, challenging which, Gracelin Ebenezer is before this Court.

3. At the outset, this petition deserves to be allowed on the short ground that under Section 125 of the Code of Criminal procedure, the husband cannot claim maintenance against his wife. Hence, this petition is allowed and the proceedings in M.C.No.3 of 2017 before the learned Judicial Magistrate, Valliyoor, Tirunelveli District, is hereby quashed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To The Judicial Magistrate, Valliyoor, Tirunelveli District .

+One cc to Mr.R.Anand, Advocate, SR.No.52223 SML RL/3C/2P/MR/10.5.2017 Order made in CRL.O.P.(MD)No.3088 of 2017 and Crl.M.P.(MD)No.2346 of 2017 Dated:- 17.04.2017 https://hcservices.ecourts.gov.in/hcservices/