Allowed

N.Balarayan v. B.Manoranjitham

Madras HC5 Nov 2019CRL MP/10323/2019

Case brief

AI extract

What is this about?

The petition to condone a 164-day delay in filing a criminal revision was allowed. The court accepted the petitioner's explanation of age and illness and the offer to deposit partial arrears of maintenance as sufficient grounds for condonation.

What did the court decide?

Delay of 164 days in filing criminal revision condoned on condition that petitioner deposits Rs.1,10,000/- for arrears of maintenance before the Family Court within two weeks.

N.Balarayan Vs B.Manoranjitham — Service and Employment | Madras HC (2019)

¶1

Crl.MP.No.10323 of 2019 in Crl.RC.SR.No.36055 of 2019

¶2

Crl.MP.No.10323 of 2019 in Crl.RC.SR.No.36055 of 2019

¶3

A.D.JAGADISH CHANDIRA, J.,

¶4

The criminal miscellaneous petition has been filed, seeking to condone the delay of 164 days in filing the above criminal revision against the Order, dated 23.10.2018, passed in F.C.M.C.No.26/2017, by the Family Court, Vellore.

¶5

2 Heard the submissions made by the learned counsel on both sides.

¶6

3 The learned counsel for the petitioner would submit that the petitioner is a senior citizen and he is aged about 69 years and that due to his old age and ill health, he was unable to file the criminal revision within the prescribed time frame and thereby, would seek for condonation of delay.

¶7

4 The learned counsel for the respondent vehemently opposed, stating that he has wilfully delayed the filing of the above revision and as on date, an amount of Rs.3,30,000/- remains to be paid as arrears of maintenance. At this juncture, the learned counsel for the petitioner would submit that the petitioner without prejudice to his contentions he is prepared to deposit 30% of the arrears amount, which would be equal to Rs.1,10,000/- before the Trial Court.

¶8

5 Having been satisfied with the reasons stated in the affidavit filed in support of

¶9

this petition and also being satisfied with the offer made by the petitioner to deposit a sum of Rs.1,10,000/- to the credit of F.C.M.C.No.26/2017, before the Family Court, Vellore District, this petition is ordered and the delay of 164 days in filing the above criminal

¶10

revision against the Order, dated 23.10.2018, passed in F.C.M.C.No.26/2017, by the http://www.judis.nic.in Family Court, Vellore, is hereby condoned on condition that the petitioner shall

¶11

1/2

¶12

Crl.MP.No.10323 of 2019 in Crl.RC.SR.No.36055 of 2019

¶13

ssi

¶14

A.D.JAGADISH CHANDIRA, J.,

¶15

deposit an amount of Rs.1,10,000/- [Rupees One Lakh Ten Thousand Only] to the credit of F.C.M.C.No.26/2017, before the Family Court, Vellore District, within a period of two weeks from the date of receipt of a copy of this Order. On such deposit being made, the respondent/wife is entitled to withdraw the same.

¶16

6 The Registry is directed to number the above Criminal Revision, if the papers
are otherwise in order and list the matter for admission and “reporting compliance” on
20.11.2019.
04.11.2019
ssi
Note: Issue Order Copy on 05.11.2019.

¶17

Crl.MP.No.10323 of 2019 in
Crl.RC.SR.No.36055 of 2019

¶18

http://www.judis.nic.in

¶19

2/2

N.Balarayan v. B.Manoranjitham

Case brief

What is this about?

What did the court decide?

N.Balarayan v. B.Manoranjitham

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.Ramesh Kumar Vs P.Sivanandhan

M/S. Sree Guruvayurappan Chit Funds Pvt. Ltd. Vs G.Jayesh

Sundaramoorthy Vs the State Rep. by

Rajesh Vs Nivetha

R.Sanjeevi, Aged 61 Years, Vs Pushpalatha, Aged 53 Years

Madan Kumar @ Avr Varshan Vs R.Ramya