Madras High CourtCRP(MD)/2985/2024disposed of

Altaf Batcha v. Moshina

2024-12-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and C.M.P.(MD).No.17094 of 2024 Altaf Batcha ... Petitioner/Respondent/Respondent/Respondent Vs.

Moshina ... Respondent/Petitioner/Petitioner/Petitioner PRAYER : Civil Revision Petition is filed under Section 115 of Civil Procedure Code, to call for the records relating to the docket orders dated 08.08.2024 and consequential docket order, dated 22.08.2024 passed in Cr.M.P.No.20 of 2024 in Cr.M.P.No.4754 of 20242 in D.V.C.No.20 of 2025 on the file of Judicial Magistrate, Additional Mahila Court, Madurai and to set aside the same.

For Petitioner : Mr.R.Ramajunam for M/s.Gandhi Associates

ORDER

This civil revision petition has been filed to set aside the the docket orders dated 08.08.2024 and consequential docket order, dated 22.08.2024 passed in Cr.M.P.No.20 of 2024 in Cr.M.P.No.4754 of 2024 1/4

in D.V.C.No.20 of 2015 on the file of Judicial Magistrate, Additional Mahila Court, Madurai.

2.The grievance of the revision petitioner is that D.V.C.No.20 of 2015 was allowed. Against which revision was preferred. That was also disposed of. After that the respondent herein filed Crl.M.P.No.20 of 2024 to execute the above said order before the trial Court. Now the petitioner herein filed appeal against the order passed in Crl.M.P.No. 4754 of 2022, wherein, interim maintenance was granted, by the VI Additional District Judge in Crl.A.No.53 of 2024. In spite of repeated notice was ordered, it could not be served upon the respondent in the appeal, who is the wife. So memo was filed before the Additional Mahila Court, Madurai for giving direction for service of notice. That came to be returned by the Court stating that no such matter is pending before it. 3.Since the grievance of the revision petitioner appears to be genuine, there shall be a direction to the VI Additional District Judge, Madurai, to direct or permit the revision petitioner to take notice in Crl.A.No.53 of 2024 upon the wife through the counsel appearing for her 2/4

before the Judicial Magistrate, Additional Mahila Court, Madurai. 4.With the above said directions, this civil revision petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

04.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The VI Additional District Judge, Madurai.

2.The Judicial Magistrate, Additional Mahila Court, Madurai. 3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 04.12.2024 4/4