E.Gobal v. G.Nirmala
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fifteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL RC(MD)SR.No.4828 of 2023 E.GOBAL ... PETITIONER/PETITIONER Vs 1 G.NIRMALA 2 MINOR G.YUKTHA REPRESENTED THROUGH HIS MOTHER AND NATURAL GUARDIAN OF 1ST RESPONDENT.
... RESPONDENTS/RESPONDENTS Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the order to comply the condition of Honble Court in Crl.MP(MD)No.2713 of 2023 in Crl.RC(MD)SR.No.4828 of 2023 dated 19.04.2023 PRAYER IN CRL MP(MD).2713/2023 :
To Condone the delay of 139 days to filing revision petition against the order in M.C No.11 of 2021 order daated 20.05.2022 on the file of the Family court, Karur pending disposal of above main petition.
PRAYER IN CRL RC(MD)SR.No.4828/2023 :
To call for the records pertaining in M.C.No.11 of 2021 dated 20.05.2022, on the file of Learned Family Court, Karur and set aside the same. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and none appeared either in person or by an advocate for the petitioner and of MR.R.MATHIYALAGAN, Advocate on behalf of the Respondent, the court made the following order:- 1/3
This petition has been filed seeking extension of time to comply the conditional passed by this Court, in Crl.MP(MD)No.2713 of 2023 in Cr.RC(MD)SRNo.4828 of 2023 dated 19.04.2023.
2. The petitioner is the husband of the first respondent and father of the second respondent. The first respondent/wife filed M.C.No.11 of 2021 before the Family Court, Karur, seeking maintenance. The learned Family Judge allowed that petition and granted Rs.6,000/- to the first respondent and Rs.4,000/- to the second respondent per month. Challenging the same, the petitioner filed Criminal Revision Case before this Court with the delay of 139 days. By the order dated 19.04.2023, this Court allowed the condone delay petition on condition to deposit 50% of the arrears of maintenance amount on or before 12.06.2023 and adjourned the case to 13.06.2023 for reporting compliance. Thereafter, the petitioner filed a petition in Cr.MP(MD) No.9005 of 2003 seeking extension of time to comply the conditional order passed by this Court dated 19.04.
2023. By the order dated 10.07.2023, this Court allowed that petition by giving further period of two weeks time and adjourned the matter to 28.07.2023 for reporting compliance. Thereafter, there was no representation on the side of the petitioner. Hence, the matter was ordered to be listed under the caption 'for dismissal'. Even today, there is no representation on the side of the petitioner.
3. The learned counsel for the respondents submitted that the conditional order 2/3
passed by this Court dated 19.04.2023, has not been complied with by the petitioner.
4. In view of the above, this Court is inclined to dismiss this petition. Accordingly, this Criminal Miscellaneous Petition is dismissed. sd/- 15/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
dss TO THE JUDGE, FAMILY COURT, KARUR.
ORDER IN CRL MP(MD) No.9005 of 2023 in CRL RC(MD)SR.No.4828 of 2023 Date :15/09/2023 RS/MGA/SAR-(05.10.2023) 3P 2C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3