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Madras High CourtCRL RC(MD)/1000/2022dismissed

Arun v. Mahalakshmi

2023-07-19Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19.07.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD)No.1000 of 2022 and Crl.MP(MD)No.12472 of 2022 Arun ... Petitioner/Respondent Vs.

Mahalakshmi ... Respondent/Petitioner PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for records of the learned Judge, Family Court, Tirunelveli District in Crl.MP.No.193 of 2021 in M.C.No.39 of 2021 and set aside the order dated 08.08.2022.

For Petitioner : Mr.R.Rengarajan For Respondent : Mr.K.P.Narayanakumar

ORDER

This petition has been filed to set aside the order passed by the learned Judge, Family Court, Tirunelveli District, in Crl.MP.No.193 of 2021 in M.C.No.39 of 2021 dated 08.08.2022.

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2.The revision petitioner is the husband of the respondent. Due to some misunderstanding, they are living separately. Thereafter, the respondent filed M.C.No.39 of 2021 before the Family Court, Tirunelveli. In the said Maintenance Case, she filed Crl.MP.No.193 of 2021 seeking interim maintenance. In the said Crl.MP.No.193 of 2021, the learned trial Judge, by the order dated 08.08.2022, granted Rs.10,000/- as interim maintenance and the same was challenged by the petitioner in this petition. This Court by the order dated 19.10.2022, directed the petitioner to deposit 75% of arrears amount i.e., Rs.1,12,500/- and the same has been complied with by the petitioner. To that effect, he has also filed compliance memo on 10.11.2022. Pending the same, the said M.C.No.39 of 2021 was disposed of by awarding monthly maintenance of Rs.

15,000/- by the order dated 26.04.2023 and the same was challenged by the petitioner before this Court in Crl.RC(MD)No.562 of 2023. This Court, by the order dated 12.06.2023, directed the petitioner to deposit the entire arrears amount and 75% of monthly maintenance i.e., Rs.2,32,500/-. 3.The learned counsel for the petitioner would submit that the above said order has also been complied with. As on date, according to the petitioner, he has paid a sum of Rs.3,45,000/- and the same was admitted by the learned counsel for the respondent.

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4. In view of deposit of Rs.1,12,500/- made in this petition by virtue of interim order dated 19.10.2022 and in view of disposal of M.C.No.39 of 2021 by the order dated 26.04.2023 and the same was challenged by this Court in Crl.RC(MD)No.562 of 2023 and this Court imposed the condition to deposit a sum of Rs.2,32,500/- and the same has been complied with by the petitioner, the adjudication in the above Revision is not necessary. 5.Accordingly, this Criminal Revision Case is closed. Consequently, the connected miscellaneous petition is closed.

19.07.2023 NCC : Yes/No Index : Yes/No Internet: Yes/No dss 3/4

K.K.RAMAKRISHNAN,J.

dss To 1.The Judge, Family Court, Tirunelveli District.

2.The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai.

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