K.Jebaraj v. Protection Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.O.P(MD)No.140 of 2011 and M.P(MD)Nos.1 and 2 of 2011 K.Jebaraj ... Petitioner/ 3rd Respondent Vs.

1.The Protection Officer, District Social Welfare Officer, Tirunelveli.

2.E.Jabachristy ... Respondents/Complainants PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the proceedings in M.C.No.26 of 2010 on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.V.Sasikumar For Respondents : Mrs.S.Prabha, Government Advocate for R.1 Mr.V.Venkatesaperumal for R.2

O R D E R

The petitioner is the husband of the second respondent and the petition for divorce was also dismissed. In M.C.No.26 of 2010 pending on the file of the Judicial Magistrate, Valliyoor, Tirunelveli District, the second respondent prays for maintenance. It is the settled position of law that as long as the marital relationship continues, even after divorce, the wife/divorced wife is entitled to maintenance and in the light of the said fact, this Court is of the view that there is no merit in this petition and therefore, this Criminal Original Petition is dismissed. Consequently, the connected miscellaneous petitions are dismissed.

Sd/- Assistant Registrar(Writs) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar

To

1. The Protection Officer, District Social Welfare Officer, Tirunelveli.

2. The Court of Judicial Magistrate, Valliyoor, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.140 of 2011 and M.P(MD)Nos.1 and 2 of 2011 RSB ANR/KP/02.12.2016/2P/4C 25.11.2016 https://hcservices.ecourts.gov.in/hcservices/