Madras High CourtCRP(MD)/2979/2023dismissed

Vadivel v. Vasuki

2024-02-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.02.2024 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN C.R.P(MD).No.2979 of 2023 and CMP(MD).No.15364 of 2023 Vadivel .. Petitioner Vs.

Vasuki ... Respondent PRAYER:- Petition filed under Article 227 of the Constitution of India to call for the entire records pertaining to the order, dated 13.07.2023 passed in Crl.Appeal No.95 of 2022 on the file of the Additional Sessions Judge (Fast Track Mahila Court), Karur against the order, dated 06.08.2022 confirming the order passed in D.V.C.No.2 of 2017 on the file of the Judicial Magistrate No.II, Kulithalai and set aside the same. For Petitioner : Mr.P.Prabhakaran

ORDER

This revision is preferred against the order passed by the appellate Court in Crl.A.No..95 of 2002 on the file of the Additional Sessions Judge (Fast Track Mahila Court), Karur. 1/4

2. Originally D.V.C.No.2 of 2017 was filed by the respondent herein seeking various reliefs. Finally, the order was passed on 13.07.2023, based on the enquiry report, dated 06.08.2022 granting various reliefs one among them is payment of maintenance amount of Rs.4,000/- per month to the wife and Rs.3,000/- per month to the child, totally Rs.7,000/- per month was ordered to be paid. Against which, the appeal was preferred by the revision petitioner before the appellate Court viz., Additional Sessions Judge, Fast Track Mahila Court, Karur in Crl.A.No.95 of 2022 and thereafter, the appeal came to be dismissed by confirming the order passed by the enquiry Court in D.V.C.No.2 of 2017 on 13.07.2023. Challenging the above said order, the present revision is preferred.

3. The learned counsel appearing for the revision petitioner submitted that the petitioner is taking care of his mother and she is aged about 87 years and also a Leprosy patient and hence, he is not in a position to earn money to pay maintenance awarded by the enquiry Court to the respondent.

4. Except the above said ground no other valid ground can 2/4

be considered by this Court. Subsequent to the above said order, not even a single pie is paid by the petitioner towards maintenance. Considering the fact the petitioner has not complied with the order passed by the trial Court as well as the Appellate Court and that he has not made any sufficient reasons to allow this petition, this Court is not inclined to interfere with the order passed by the Court below.

5. Accordingly, this Civil Revision Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed. 29.02.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp To

1. The Additional Sessions Judge (Fast Track Mahila Court), Karur

2. The Judicial Magistrate No.II, Kulithalai 3/4

G.ILANGOVAN,J.

Trp C.R.P(MD).No.2979 of 2023 and CMP(MD).No.15364 of 2023 29.02.2024 4/4