A.Authimoolam v. Usha Vani

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR A.Authimoolam : Petitioner Vs.

1.Usha Vani 2.Minor Abishek 3.Minor Ashwinth Ram : Respondents (The respondents 2 and 3 rep.by their mother/natural guardian first respondent herein) PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the warrant in Crl.M.P.No.1146 of 2024 in M.C.No.10 of 2019, dated 30.08.2024 passed by the learned District Munsif cum Judicial Magistrate, Shengottai, Tenkasi District.

For Petitioner : Mr.L.Juliet Caroline 1/4

ORDER

This Criminal Original Petition filed, under Section 528 of BNSS., seeking orders, to call for the warrant in Crl.M.P.No.1146 of 2024 in M.C.No.10 of 2019, dated 30.08.2024 passed by the learned District Munsif cum Judicial Magistrate, Shengottai, Tenkasi District.

2. Heard the learned counsel for the petitioner and also perused the records.

3. It is seen from the records that the respondents have filed maintenance claim in M.C.No.10 of 2019 and after trial, the same came to be allowed and the petitioner was directed to pay maintenance of Rs.10,000/-. Challenging the same, the petitioner has preferred a revision and the same is pending before the learned Principal District Judge. Meanwhile, the respondents have filed a petition in Crl.M.P.No.1146 of 2024 and since the petitioner has not turned up for several hearings, warrant was ordered to be issued.

2/4

4. Considering the above, very prayer itself cannot legally be entertained. Hence, this Court concludes that the Criminal Original Petition is liable to be dismissed.

5. In the result, the Criminal Original Petition is dismissed. 16.10.2024 NCC : Yes/ No Index : Yes/No Internet : Yes/ No das To 1.The District Munsif cum Judicial Magistrate, Shengottai, Tenkasi District.

3/4

K.MURALI SHANKAR,J.

das Dated: 16.10.2024 4/4