Madras High CourtCRL OP(MD)/4252/2015dismissed

Karnan v. Ratna

2019-10-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.4252 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4252 of 2015 Karnan ... Petitioner/Revision petitioner/ Respondent Vs.

1. Ratna

2. Minor Ajayaraj

3. Minor Deepika(died) (R-2 minor is represented through his mother & guardian Ratna R-1) ... Respondents/Respondents/ Petitioners Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to set aside the order passed by the learned Principal District and Sessions Judge, Thoothukudi in Crl.R.C.No.16 of 2014 dated 25.08.2014 and direct the learned Principal District and Sessions Judge, Thoothukudi to dispose of the same on merits and in accordance with law.

For Petitioner : No appearance.

For Respondents : No appearance.

* * *

O R D E R

The petitioner herein was the respondent in M.C. No.13 of 2011 on the file of the Judicial Magistrate, Thoothukudi. By order dated 14.03.2014, the learned Chief Judicial Magistrate, Thoothukudi, allowed the said M.C. and directed the petitioner herein to pay a sum of Rs.5,000/- as maintenance. The petitioner challenged the same by filing Crl.R.C.No.16 of 2014 before the Principal District and Sessions Judge, Thoothukudi. The said Revision petition was dismissed for default as he was not ready, even though sufficient time was granted to get along with the matter. Challenging the same, this Criminal Original petition has been filed.

2. Even before this Court, the said counsel reported no instructions. Therefore, the case was adjourned today and the name of the petitioner is printed in the cause list. It is seen that the learned trial Magistrate had only awarded a sum of Rs.5,000/- as https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4252 of 2015 monthly maintenance. That the petitioner married with the respondent herein is not in dispute. The amount of maintenance directed to be paid by the petitioner cannot be said to be excessive.

3. I find no ground to interfere. The Criminal Original petition stands dismissed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) pmu To:

The Principal District and Sessions Judge, Thoothukudi.

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