Madras High CourtCRL OP(MD)/5001/2024dismissed

Pandi v. Geetha

2024-04-15Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.5001 of 2024 and CRL.M.P(MD).No.3910 of 2024 Pandi

...Petitioner

Vs 1.Geetha 2.Minor Pooja

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to set aside the order passed by the learned Additional District and Sessions Judge(FTC), Tenkasi in Crl.R.C.NO.48 of 2022 dated 27.09.2023 which confirmed the order passed by the Judicial Magistrate Court, Tenkasi in M.C.No.14 of 2013 dated 14.09.2022 and allow this Criminal Original Petition.

For Petitioner : Mr.G.Aravinthan For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

O R D E R

This criminal original petition has been filed seeking to set aside the order passed by the learned Additional District and Sessions Judge(FTC), Tenkasi in Crl.R.C.NO.48 of 2022 dated 27.09.2023.

2. Aggrieved over the order passed by the learned Judicial Magistrate, Tankasi, the petitioner has filed a Revision Petition before the learned Additional District and Sessions Judge (FTC), Tenkasi under Section 125 of Cr.P.C and the same was dismissed. Aggrieved over the same, the present petition is filed to set aside the order dated 27.09.2023. There is no provisions for filing a revision petition as against the order passed in the revision petition. Therefore, this application is filed under Section 482 of Cr.P.C. There are two views on entertaining such application filing under Section 482 of Cr.P.C. Apart from that, the petitioner has filed this application that his income is Rs.15,000/-. However, the trial Court has passed the order imposing maintenance and directing the petitioner to pay maintenance of Rs.5,000/- to the first respondent/wife and Rs.4000/- to the second respondent/minor child.

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3.The learned Counsel for the petitioner submitted that the first respondent has voluntarily deserted the petitioner. The petitioner herein has already filed a divorce petition and the divorce decree was already granted. The first respondent has not taken any steps to live together with the petitioner and therefore, the order of maintenance is not proper. Therefore, the petitioner has filed this petition seeking to set aside the order passed by the learned Additional District and Sessions Judge(FTC), Tenkasi. 4.This Court is not inclined to appreciate these grounds. Even though the petitioner and his wife got divorce from the Court concerned, the petitioner is liable to pay maintenance to his wife and daughter. 5.Accordingly, this Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. NCC : Yes/No 15.04.2024 Internet:Yes/No Index:Yes/No jbr To 1.The learned Additional District and Sessions Judge(FTC), Tenkasi. 3/5

2.The Judicial Magistrate Court, Tenkasi.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI , J.

jbr CRL.O.P (MD) No.5001 of 2024 and CRL.M.P(MD).No.3910 of 2024 15.04.2024 5/5