Madras High CourtCRL OP(MD)/22530/2013closed

Ravindran v. Saraswathi

2018-04-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl. OP (MD)No.22530 of 2013 and MP(MD)Nos.1 and 2 of 2013 Ravindran ... Petitioner/Respondent Vs.

Saraswathi Ammal ... Respondent/Petitioner Prayer : This Criminal Original Petition is filed Under Section 482 of Criminal Procedure Code to call for the proceedings pending in M.C.18 of 2013 on the file of Judicial Magistrate, Aruppukkottai and to quash the same.

For Petitioner : Mr.G.Mariappan for M/s.Veera Associates For Respondents : Mr.M.Thirunavukkarasu

ORDER

The petitioner is the husband. The respondent is the wife. For the last twenty years, they are living separately. The respondent has filed MC.No.18 of 2013 on the file of the Judicial Magistrate, Aruppukkottai seeking maintenance to the tune of Rs.10,000/- per month.

2.The learned counsel appearing for the petitioner would contended that the respondent had already filed Civil Suit in O.S.No.29 of 1996 before the District Munsif Court, Vilathikulam and a sum of Rs.1,500/- per month was ordered to be paid as maintenance. Questioning the same, the petitioner has filed AS.No.233 of 1997 before the Sub Court, Kovilpatti where in the maintenance sum has been reduced as Rs.1250/-. However, the second appeal filed by the petitioner herein was dismissed on 12.04.2000. 3.The learned counsel for the petitioner would further point out that the respondent filed execution petition to enforce the decree obtained by her and and even got the benefit to send the petitioner to civil prison. He would therefore contend that when a civil decree for payment of maintenance as already obtained by the wife, it is not open to her to subsequently initiate proceedings https://hcservices.ecourts.gov.in/hcservices/

under Section 125 of Cr.PC.

4.This Court is of the view that this contention can very well be raised before the Judicial Magistrate, Aruppukkottai. It is submitted that the witnesses have been already examined and that the matter is posted for arguments. A petition filed under Section 482 of Cr.PC is normally not entertained if the trial had commenced in the meanwhile.

5.Applying the same yardstick, the present Criminal Original Petition is closed leaving it open to the petitioner to raise his contention before the learned Judicial Magistrate, Aruppukkottai. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To The Judicial Magistrate, Aruppukkottai.

+ 1 CC TO Mr.G.MARIAPPAN, ADVOCATE IN SR No. 60144 SKM TE/JC/SAR-4 : 26/04/2018 : 2P/3C Crl. OP (MD)No.22530 of 2013 and MP(MD)Nos.1 and 2 of 2013 05.04.2018 https://hcservices.ecourts.gov.in/hcservices/