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Madras High CourtCRL OP(MD)/16974/2021dismissed

R. Manikandan v. Ananthi

2021-11-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.16974 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2021 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.16974 of 2021 R. Manikandan ... Petitioner/Respondent vs.

1.Ananthi ... 1st Respondent/1st Petitioner 2.Minor Shivashalini ... 2nd Respondent/2nd petitioner (rep. By 1st respondent) Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Family Court Judge, Madurai, to consider the recall warrant petition filed u/s. 70(2) Cr.P.C., on the same day of its filing before Family Court, Madurai in connection with case in Cr.M.P.No.168 of 2020 in M.C.No.39 of 2015.

For Petitioner : Mr.P.Thambidurai

ORDER

This petition has been filed seeking a direction to the Family Court, Madurai to consider the recall warrant petition filed u/s. 70(2) Cr.P.C., on the same day of its filing before Family Court, Madurai in connection with case in Cr.M.P.No.168 of 2020 in M.C.No.39 of 2015.

2.The Crl.M.P.No. 168 of 2020 has been filed by the first respondent for collecting the arrears of maintenance amount deposited before the trial Court. The " B" Diary produced by the petitioner shows that because of non payment made by the petitioner NBW was issued on 21.09.2021.

3.The learned counsel for the petitioner would submit that suppressing the fact of payment of partial amount warrant has been issued, but, whatever, it may be the petitioner has to appear before the Family Court, Madurai and get the warrant received by making the sufficient cause.

4.With the above observation, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16974 of 2021 To The Judge, Family Court, Madurai.

Crl.O.P.(MD)No.16974 of 2021 01.11.2021 RS (07.12.2021) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2