Madras High CourtCRL RC(MD)/419/2021dismissed

Rajkumar v. Anusuya

2022-04-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.419 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.419 of 2021 and Crl.M.P(MD)No.4414 of 2021 Rajkumar ... Petitioner/Respondent Vs.

1.Anusuya 2.Minor Dharshan ... Respondents/Petitioner The second respondent represented by the first respondent as Natural Guardian Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for the records and set aside the order, dated 08.04.2021, in Crl.M.P.No.808 of 2020 in M.C.No.11/2019, on the file of the learned Judicial Magistrate, Paramakudi by allowing the above criminal revision petition.

For Petitioner : Mr.S.Muniyandi For R1 & R2 : Mr.Mohammed Hashim

ORDER

The Criminal revision petition has been filed seeking to set aside the order passed in Crl.M.P.No.808 of 2020 in M.C.No.11/2019, by the learned Judicial Magistrate, Paramakudi. 2.The petitioner is the husband and he got married with the first respondent, out of their wedlock, they gave birth to the second respondent. Thereafter, due to harassment, the respondents herein, were driven out from the matrimonial home. Therefore, they could not able to maintain themselves and filed a petition for maintenance in M.C.No.11/2019. They also filed a petition for interim maintenance in Crl.M.P.No.6780/2019 in M.C.No.11/2019 and the same was allowed by order, dated 18.03.2020, thereby, ordered interim maintenance of Rs.10,000/- payable by the petitioner herein.

However, the petitioner failed to comply with the said order and as such, the respondents filed a petition under Section 18 of Cr.P.C in Crl.M.P.No.808/2020 and the Court below, by order, dated 08.04.2021, directed the petitioner to pay a sum of Rs.70,000/- as arrear of interim maintenance within a period of one month. https://hcservices.ecourts.gov.

Crl.R.C.(MD)No.419 of 2021 3.Admittedly, the petitioner failed to comply with the order and as such, the Court below rightly ordered to pay a sum of Rs.70,000/- as arrears of maintenance, within a period of one month, directly to the respondents.

4.In view of the above, this Court finds no infirmity or illegality in the order passed by the Court below. Therefore, the criminal revision petition is dismissed. Consequently, the connected miscellaneous petition is also closed. Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO:

The Judicial Magistrate, Paramakudi.

Crl.R.C.(MD)No.419 of 2021 27.04.2022 RD(30.05.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2