Murugan v. Selvakumari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.(MD)No.1663 of 2019 Murugan ... Petitioner Vs.

1.Selvakumari 2.Manisha (Represented through her mother Selvakumari) 3.Manoj (Represented through her mother Selvakumari) ... Respondents PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the entire records connected with the order in M.C.No.1 of 2016 dated 24.10.2018 on the file of the learned Judicial Magistrate, Ambasamudram and set aside the same as illegal.

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For Petitioner : Mr.R.Alagumani For Respondents : Mr.M.Suresh.

ORDER

This Criminal Revision Case has been filed to set aside the order in M.C.No.1 of 2016 dated 24.10.2018 on the file of the learned Judicial Magistrate, Ambasamudram.

2.It is seen from the records that the petitioner is husband and the first respondent is wife. After marriage, they blessed with two children. Thereafter, due to misunderstanding, they got separated and as such, the respondents could not able to maintain themselves. Therefore, the respondents filed a petition for maintenance in M.C.No.1 of 2016 before the learned Judicial Magistrate, Ambasamudram. The learned Magistrate passed an order of maintenance of Rs.750/- each payable by the petitioner to the second and third respondents. At that juncture, the petitioner filed a petition under Section 156(2) Cr.P.C., to condone his 2/4

absence. It was rightly dismissed by the trial Court and this Court finds no illegality or infirmity in the order passed by the trial Court. 3.In the result, this criminal revision case is dismissed. Consequently, connected miscellaneous petition is closed. 05.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gns To The Judicial Magistrate, Ambasamudram 3/4

G.K.ILANTHIRAIYAN ,J.

gns 05.06.2023 4/4