Criminal Revision filed to set aside an order granting interim maintenance. The petitioners failed to appear on the appointed hearing dates. The court dismissed the revision for default but permitted the respondent to withdraw arrears deposited by the petitioner.
Permission granted to withdraw arrears deposited by the petitioner in the lower court account.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Criminal R.C.No.278 of 2014
and M.P.No.1 of 2014
1.P.Janakiraman 2.Pitchandi 3.Abirami ... Petitioners/Respondents Vs. V. Sumathi ... Respondent/Petitioner
PRAYER: Criminal Revision filed under Section 397 and 401 of Criminal Procedure Code praying to set aside the order dated 17.01.2014, passed in Crl.M.P.No.8751 of 2011 in M.C.No.24 of 2011 by the learned Judicial Magistrate No.2, Puducherry.
For Petitioners : No appearance For Respondent : Mr. Stalin Abhimanyu
ORDER
This revision has been filed against an order dated 17.01.2014 in Crl.M.P.No.8751 of 2011 in M.C.No.24 of 2011 passed by the learned Judicial Magistrate No.2, Puducherry, granting interim maintenance to the petitioner.
2.When the above matter came up for hearing earlier on 16.03.2017, the learned counsel for the petitioners submitted that the matter is likely to be settled between the parties and seek time. Hence, the matter was adjourned to 23.03.2017. On that day also, he took adjournment. Hence, the matter was posted to 05.04.2017. The matter was called on 11.04.2017, there is no representation for the petitioner. Hence, the matter was posted 'For Dismissal' on 12.04.2017. Even today, there is no representation.
3.In the above circumstances, the criminal revision is dismissed for default. However, the learned counsel for the respondent submitted that some amount has been deposited by the petitioner towards arrears of maintenance and seeks permission of this Court to withdraw the same.
s/d-
Assistant Registrar(CS-III)
True Copy
Sub-Assistant Registrar
To
The Judicial Magistrate No.2,
Puducherry.
+1 CC to Mr. Stalin Abhimanyu, sr 22652(17/04/2017)
Criminal R.C. No.278 of 2014
SR(CO)
sp/12/4
2 issues framed by the court
Whether to allow the withdrawal of maintenance arrears deposited by the petitioner.
Whether to permit the filing of the criminal revision in default status.
2 provisions across 1 enactments
P. Janakiraman
Pitchandi
Abirami
V. Sumathi
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
