Madras High CourtCRL MP(MD)/7488/2018dismissed

K.Maris v. P.Yuvarajan

2018-09-20Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.M.P.(MD)No.7488 of 2018 in Crl.R.C.(MD)No.SR25629 of 2018 and Crl.R.C.(MD)No.SR25629 of 2018 K.Maris ... Petitioner Vs.

P.Yuvarajan ... Respondent PRAYER in Crl.M.P.(MD)No.7488 of 2018: Petition filed to condone the delay of 33 days in filing this revision against the judgment dated 15.03.2018 made in Crl.R.C.No.17 of 2017 on the file of the Principal District Court, Ramanathapuram whereby reducing the maintenance amount awarded in the judgment dated 18.08.2017 made in M.C.No.12 of 2017, on the file of the Chief Judicial Magistrate, Ramanathapuram in the present Criminal Revision Case before this Hon'ble Court in the interest of justice.

PRAYER in Crl.R.C.(MD)No.SR25629 of 2018: Petition filed under Section 397(1) of Criminal Procedure Code to call for the records pertaining to the judgment dated 15.03.2018 made in Crl.R.C.No.17 of 2017 on the file of the Principal District Court, Ramanathapuram whereby reducing the maintenance amount awarded in the judgment dated 18.08.2017 made in M.C.No.12 of 2017, on the file of the Chief Judicial Magistrate, Ramanathapuram and set aside the order in so far as the maintenance amount is concerned and consequently to enhance the maintenance amount.

For petitioner : Mr.C.Senthil Murugan

ORDER

Heard the learned counsel for the petitioner and perused the grounds of this petition.

2.This petition has been filed for condoning the delay of 33 days in filing the revision petition. The delay is not at all explained. If at all the revision petitioner is aggrieved by the fixation of maintenance amount of Rs.3,500/- per month, by the appellate Court, he can adjudicate very well before the Magistrate by filing a fresh petition, quoting the change in circumstances if any and seek for modification.

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3.Therefore, this condone delay petition is dismissed for no reason stated for the delay. Consequently, Crl.R.C.(MD)No.SR25629 of 2018 is rejected.

Sd/- Assistant Registrar(Crl.side) /True Copy/ Sub Assistant Registrar(CS-II) To:

1.The Principal District Judge, Ramanathapuram.

2.The Chief Judicial Magistrate, Ramanathapuram .

+1CC to Mr.C.Senthil Murugan, Advocate, SR.No.85479 Crl.M.P.(MD)No.7488 of 2018 in Crl.R.C.(MD)No.SR25629 of 2018 and Crl.R.C.(MD)No.SR25629 of 2018 20.09.2018 PNN ES/SKN/RSK/SAR 2/17.10.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/