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Madras High CourtCRL OP(MD)/13350/2025disposed of

K. Sundarrajan v. S. Sarathikanth

2025-08-12Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2025

CORAM

THE HONOURABLE MR JUSTICE B.PUGALENDHI 1.K.Sundarrajan 2.Chellammal

...Petitioners

(in all petitions) -VsS.Sarathikanth

...Respondent

(in all petitions) Common Prayer: Criminal Origional Petitions are filed under Section 528 of BNSS 2023, to direct the learned Judicial Magistrate, Vadipatti, dispose the Cr.M.P.Nos.2783, 2879 and 1694 of 2024 in M.C.No.2 of 2019 within a stipulated time.

For Petitioners : Mr.S.Balaji 1/5

COMMON ORDER These criminal original petitions have been filed to direct the learned Judicial Magistrate, Vadipatti, to dispose of the petitions in Cr.M.P.Nos.2783, 2879 and 1694 of 2024 in M.C.No.2 of 2019 within a time stipulated by this Court.

2.The petitioners are the parents of the respondent. The petitioners filed an application in M.C.No.2 of 2019 for maintenance. Though the respondent has entered appearance and filed the counter in the maintenance application, intentionally evaded the proceedings and therefore an ex parte order was passed by the learned Judicial Magistrate, Vadipatti on 16.10.2023. For executing the order, the petitioners have filed an application in Cr.M.P.No.1694 of 2024 before the learned Judicial Magistrate, Vadipatti and the same is pending for the past one year. The respondent has also filed an application to set aside the ex parte order in Cr.M.P.No.2782 of 2024 and the same is also pending. The petitioners filed another application in Crl.M.P.No.2879 of 2024 before the learned Judicial Magistrate, Vadipatti, to call for the records pertaining to the service register of the respondent during the period from 01.01.2019 to 01.10.2024 and the same is also pending from the year 2024. 2/5

3.The grievance of the petitioners is that they are aged about 72 and 66 years respectively. They filed the above application for maintenance in the year 2019. However, the respondent has been dragging the proceedings and preventing the petitioners from getting the benefits of the order dated 16.10.2023. The petitions in Cr.M.P.Nos.2782, 2879 and 1694 of 2024 pending for the past one year and the trial court has also failed to dispose of the petitions. Ultimately, the petitioners have not received any maintenance, though the application was filed in the year 2019.

4.Considering the nature of the relief sought for by the petitioners and also considering the fact that the petitioners are aged people and the application for maintenance filed in the year 2019 pending for the past 6 years and also considering the conduct of the respondent in not paying the maintenance and also not contesting the case effectively before the trial Court, this Court is inclined to issue a direction to the learned Judicial Magistrate, Vadipatti, to conclude the proceedings in Cr.M.P.Nos.2782, 2879 and 1694 of 2024 within a period of eight weeks from the date of receipt of a copy of this order. 3/5

5.With the above direction, this Criminal Origional Petitions are disposed of.

12.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To The Judicial Magistrate, Vadipatti, 4/5

B.PUGALENDHI, J.

cp Crl.O.P.(MD)Nos.13350, 13351 and 13352 of 2025 12.08.2025 5/5