Usha v. Manikandan
Case brief
What is this about?
A criminal revision against an order directing maintenance petitioners to list properties under Section 421 Cr.P.C. was disposed of. The High Court directed the party to approach the Civil Court if the respondent possesses no attachmentable property.
What did the court decide?
No specific relief; the matter was disposed with direction to approach Civil Court.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:15.06.2017
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Criminal Revision Case No.349 of 2015
- Usha 2. Dhuraimurugan ... Petitioners Vs
Manikandan ... Respondent
Prayer:- This Criminal Revision Case has been filed under Section 397 & 401 of Cr.P.C. to set aside the order in C.M.P.5851 of 2013 dated 17.03.2015 on the file of learned District Muncif cum Judicial Magistrate No.1 Ulundurpet.
For petitioners : Mr.N. Santhosh
For Respondent : Mr.C.Prakasam
The first petitioner is the wife of the respondent. She filed an application in C.M.P.5851 of 2013 under Section 125(3) Cr.P.C. for recovery of arrears of maintenance. The Court below passed an order allowing the application, thereby directing the petitioners to produce the details of the properties both movable and immovable under Section 421 Cr.P.C. within a period of 15 days. Challenging the same, the present Criminal Revision Case has been filed on the ground that the respondent does not posses any immovable or movable property. In the above circumstances, the petitioners are not in a position to submit the list of movable and immovable properties.
Issues for consideration
2 issues framed by the court
Whether a party opposing maintenance proceedings who claims inability to attach property must produce property details or approach separate civil court.
If the respondent claims no property, can the party be directed to comply with Section 421 Cr.P.C. or must they proceed via civil jurisdiction?
Parties & counsel
- petitioner
Usha
- petitioner
Dhuraimurugan
- respondent
Manikandan
Coram
Case details
As recorded by the court registry
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