Madras High CourtCRL MP(MD)/11483/2019allowed with direction

A.R. Saravanan v. A.V. Rajaram

2021-03-26Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.11483 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.11483 of 2019 in Crl.R.C.(MD)No.SR.38583 of 2019 A.R.SARAVANAN ... PETITIONER/ PETITIONER Vs A.V.RAJARAM ... RESPONDENT/ RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to condone the delay of 1447 days in preferring Criminal Revision against the Order passed by the Learned Family Court Judge, Madurai in M.C.No.87/2015 dated 14.09.2015.

Prayer in Crl.R.C.(MD)No.SR.38583 of 2019:

To call for the records of the learned Family Court Judge, Madurai in M.C.No.87/2015 and set aside the order dated 14.09.2015. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.S.MAHENDRAPATHY, Advocate for the petitioner and of Mr.S.VIJAYAKUMAR, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 1447 days in filing the Crl.R.C.(MD)No.SR38583 of 2019. 2.On the side of the petitioner, it is stated that the petitioner is not aware of the order passed against the petitioner and there is a delay of 1447 days in filing the Criminal Revision. 3.

On the side of the respondent, it is stated that the respondent is the father of the petitioner and all the properties are ancestral properties bequeathed to the petitioner. The respondent is not having any source of income, though the order was passed in the year 2015, the petitioner has not chosen to deposit any amount so far and prayed the petition to be dismissed. https://hcservices.ecourts.gov.

CRL MP(MD) No.11483 of 2019 4.Reasons stated in the petition are not satisfactory and the delay is more than four years. In the above circumstances, this petition is allowed on the following conditions: "The petitioner is directed to deposit 50% of the arrears maintenance amount before the trial Court within a period of six weeks from the date of receipt of copy of this order. The petitioner is also directed to pay 50% of the monthly maintenance amount on or before 5th of every month. Failing which, this petition shall stand dismissed automatically."

5.With the above directions, this petition is allowed. sd/- 26/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE FAMILY COURT JUDGE, MADURAI.

+1 CC to M/s.S.VIJAYAKUMAR, Advocate ( SR-2633[I] dated 29/03/2021 )

ORDER

IN CRL MP(MD) No.11483 of 2019 in Crl.R.C.(MD)No.SR.38583 of 2019 Date :26/03/2021 Ls MS/VR/07.04.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2