M.Palani v. R.Sudha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL.MP(MD)No.10242 of 2025 in CRL.RC(MD)No.102 of 2025 M.Palani, S/o.Muthaiah, Door No.315/B, Mani Street, Thirunagar 3rd Stop, Thirupparankundram Taluk, Madurai District.

... Petitioner Vs.

1.R.Sudha, D/o.Rajendran 2.Minor.Taniska, 3.Minor.Riya Minors are represented by her Natural Guardian Mother, All are residint at, Door No.4/42, North Street, Suraikkaipatti Village, Ilanndhaikulam Post, Wathirayiruupu Taluk, Virudhunagar District.

... Respondents 1/6

PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to modify the condition in Para No.1 in the order dated 17.07.2025 made in Crl.RC.(MD)No.102 of 2025. For Petitioner : Mr.C.K.M.Appaji For Respondents : Mr.R.Sridhar *****

O R D E R

Heard Mr.C.K.M.Appaji, learned counsel for the Petitioner and Mr.R.Sridhar, learned counsel for the Respondent.

2. This Criminal Miscellaneous Petition has been filed by the Petitioner/husband to modify the condition in Para No.1 of the order dated 17.07.2025 made in Crl.RC.(MD)No.102 of 2025.

3. Mr.C.K.M.Appaji, learned counsel for the petitioner, submits that this modification petition was filed by the previous counsel on behalf of the petitioner, M.Palani, on?29.07.2025, and now he is leading the case.

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4. I have heard the learned counsel for the Petitioner and perused the materials placed on record.

5. For better appreciation, the order dated 17.07.2025 passed by the Co-ordinate bench of this Court in the Criminal Revision Petition in Crl.RC(MD)No.102 of 2025 is extracted hereunder: "The respondent is directed to pay a sum of Rs.3,00,000/- in cash towards the maintenance of the children to the petitioner mother on or before 31.07.2025.

2.Post the matter on 01.08.2025, under the caption 'for reporting compliance'."

6. Thereafer, the matter was listed before this Court on 23.09.2025 and this Court passed the following order on 23.09.2025 in the Criminal Revision Petition:

"3.Today, when the matter is being taken, Mr.R.Mohanasundaram, learned Counsel for the respondent prays this Court that one last opportunity may be given to the respondent to make compliance of 3/6

the order passed by the Coordinate Bench of this Court, dated 17.07.2025 and to bring a demand draft for a sum of Rs.3,00,000/- in favour of the petitioners on or before the next date fixed.

4.Mr.R.Sridhar, learned Counsel for the petitioners has no objection to the aforesaid prayer made by the learned Counsel for the respondent. 5.Accordingly, as prayed for by the learned Counsel for the respondent, as a last chance, this Court grants two weeks and no more further time to the respondent to make full compliance of the order passed by the Co-ordinate Bench of this Court, dated 17.07.2025.

6.Put up this case "for orders" on 09.10.2025 before appropriate Bench."

7. After perusing the modification application and the order dated 17.07.2025 passed by the coordinate bench of this Court in the criminal revision petition, as well as the order passed by this Court on 23.09.2025, it is seen that the modification application was filed by the petitioner/husband on 29.07.2025, praying to modify paragraph?1 of the order dated 17.07.2025 in Crl.RC(MD)No.102 of 2025, whereby the 4/6

respondent/husband was directed to pay Rs.?3,00,000 in cash towards the maintenance of the children to the petitioner/wife Thereafter, when the matter was taken up, this Court passed an order on 23.09.2025 granting time to the learned counsel for the respondent in the criminal revision to comply with the condition imposed by the coordinate bench. As time was already granted to the learned counsel for the respondent, I find no justification to allow this modification petition in view of the order passed by this Court on 23.09.2025.

8. In view of the above, this Criminal Miscellaneous Petition stands rejected. File is consigned to record. No order as to costs. Index :Yes / No 09.10.2025 Internet :Yes / No NCC :Yes / No Nsr 5/6

SHAMIM AHMED , J.

Nsr Order made in Crl.M.P.(MD)No.10242 of 2025 09.10.2025 6/6