← Library
Madras High CourtCRL RC(MD)/186/2025disposed of

M.Boopathi Mohan v. M.Ramya

2025-02-14Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.1885 of 2025 M.Boopathi Mohan ... Petitioner in both the petitions Vs.

1.M.Ramya 2.Minor.Divya Dharshan (represented by hi mother and natural guardian 1st respondent) ... Respondents in both the petitions COMMON PRAYER : Criminal Revision Petitions filed under Sections 438 r/w 442 BNSS, to call for the records pertaining to impugned order dated 27.08.2024 in Crl.M.P.Nos.105 and 106 of 2024 in M.C.No.185 of 2019 on the file of the Family Court, Madurai and set aside the same, in so far as to the payment of Rs.3,00,000/- to the respondents is concerned, on or before 26.09.2024 by allowing these revision petitions. 1/6

(in both the petitions) For Petitioner : Mr.A.Mohan

ORDER

These Criminal Revisions are directed against the common order passed in Crl.M.P.Nos.105 and 106 of 2024 in M.C.No.185 of 2019 dated 27.08.2024 on the file of the Family Court, Madurai.

2. It is evident from the records that the respondents have laid a maintenance case in M.C.No.185 of 2019 and that though the petitioner entered into appearance and took part in proceedings, subsequently he remained ex-parte and hence, an ex-parte order came to be passed on 29.03.2023 and the learned Judge of Family Court has directed the petitioner to pay maintenance of Rs.15,000/- to the respondents.

3. It is not in dispute that the petitioner has then filed an application to set aside the ex-parte order along with an application to condone the delay of 258 days in filing an application for setting aside the ex-parte order in Crl.M.P.Nos.105 and 106 of 2024 and that the 2/6

learned Judge, after enquiry, has passed the impugned common order directing the petitioner to pay sum of Rs.3,00,000/- on or before 26.09.2024, failing which, the petitions shall stand dismissed. Challenging the said order, the present revisions came to be filed.

4. The learned counsel appearing for the petitioner would submit that as of now, maintenance arrears to the tune of Rs.7 lakhs is pending.

5. Since the maintenance arrears of Rs.7 lakhs is pending, the impugned common order directing the petitioner to pay Rs.3 lakhs cannot be found fault with.

6. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner may be given sufficient time to comply with the said order of the learned Judge of Family Court.

7. Considering the above facts and circumstances and also taking note of the submission made by the learned counsel appearing for the petitioner, the petitioner is directed to pay Rs.3,00,000/- (Rupees Three 3/6

Lakhs only) as directed by the learned Judge on or before 13.03.2025.

8. With the above direction, this Criminal Revision Case is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

14.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm Note : Issue order copy on or before 19.02.2025 To 1.The Judge, Family Court, Madurai.

4/6

5/6

K.MURALI SHANKAR,J.

csm Common Order made in and Crl.M.P.(MD)No.1885 of 2025 Dated: 14.02.2025 6/6