Manoj Kumar v. Rekha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C.(MD)No.933 of 2022 and Crl.M.P(MD).No.11528 of 2022 P.Manoj Kumar ... Revision Petitioner Vs.

1.C.Rekha 2.Minor Niranchana D/o.Manoj kumar Through her mother/first respondent ... Respondents Prayer : This Criminal Revision has been filed under Section 397 and 401 of Criminal Procedure Code, to call for the records and set aside the interim order passed in Crl.M.PNo.3376 of 2022 in Maintenance Case No.1 of 2021 dated 24.08.2022 on the file of the District Musnif Cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District.

For Petitioner : Mr.R.Rajesh Kumar 1/5

O R D E R

This Criminal Revision Case has been filed to call for the records and set aside the interim order passed in Crl.M.PNo.3376 of 2022 in Maintenance Case No.1 of 2021 dated 24.08.2022 on the file of the District Musnif Cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District.

2. The marriage between the petitioner and the first respondent was solemnized on 20.01.2016. Even before the wedding, the first petitioner's parents had passed away. With the help of the relative of the first respondent, their marriage was successfully solemnized. Out of the wedlock, the second respondent/ Niranchana was born to them on 17.10.2016. Thereafter, without any valid reason, the petitioner deserted the first respondent and he has not paid single pie to the respondents for maintenance. Hence, the first respondent filed a maintenance petition in Crl.M.PNo.3376 of 2022 in Maintenance Case No.1 of 2021, on the file of the District Musnif Cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District. As per the order dated 24.08.2022, the learned District Munsif Cum Judicial Magistrate, directed the petitioner to pay a sum of Rs.6,000/-(Rupees Six Thousand Only) per month as interim maintenance. 2/5

Challenging the same, the present Criminal Revision Petition has been filed.

3. Perusal of the order passed by the trial Court show that the revision petitioner admitted that he is working as an Office Assistant and he has drawing a sum of Rs.25,670/- per month and also shows that the petitioner voluntarily deserted his wife/first respondent within one year from the date of marriage.

4. In view of the above, this Court does not find any merits in the revision and does not find any illegality or infirmity in the order passed by the trial Court. Therefore, this revision is liable to be dismissed. In the result, the Revision Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

28.09.2022 Index : Yes/No Internet : Yes/No tta 3/5

To:- The District Musnif Cum Judicial Magistrate Court, Cheranmahadevi, Tirunelveli District.

4/5

G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.933 of 2022 28.09.2022 5/5