Dismissed

C.Hemalatha v. N.Rajasekar

Madras HC5 Oct 2021CRL OP/18096/2021

Case brief

AI extract

What is this about?

The Court directed the Family Court, Vellore to entertain a maintenance petition filed by the petitioner's mother (the minor's representative) and dismiss the original petition with this direction, holding that Family Courts possess exclusive jurisdiction over Chapter IX proceedings.

What did the court decide?

The Family Court, Vellore is directed to take the petitioner's complaint on file and dispose of it according to law.

C.Hemalatha Vs N.Rajasekar — Pension and Retirement Benefits | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 05.10.2021

¶3

CORAM:

¶4

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

¶5

CRL.O.P.No.18096 of 2021

¶6

1. C.Hemalatha,
 W/o. N.Rajasekar

¶7

2. Minor Selvaa,

¶8

 S/o. N.Rajasekar,
 rep. by his mother viz.,
 the 1st petitioner ... Petitioners

¶9

Versus

¶10

N.Rajasekar,
S/o. Natarajan ...Respondent

¶11

PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to direct the learned Family
Court, Vellore, Vellore District to entertain the petition filed
by the petitioner under Sec.125(1)(a) of Crl.P.C. in
F.No.M.C./83/2021 in CNR. No.TNVL080001692021 dated 26.02.2021.

¶12

For Petitioners : Mr.E.Kannadasan

¶13

ORDER

¶14

(This case has been heard through video conference)

¶15

This petition has been filed seeking a direction
directing the learned Family Court, Vellore to entertain the
petition filed by the petitioners under Sec.125(1)(a) of
Crl.P.C.

¶16

2. The 1st petitioner is erstwhile wife of Rajasekar, who
has filed a petition before the Family Court, Vellore under
Section 125(1)(a) of Crl.P.C. seeking maintenance. The Family

¶17

https://hcservices.ecourts.gov.in/hcservices/

¶18

Court returned the petition on 12.03.2021 endorsing that it has
no jurisdiction and the relevant portion of endorsement is
extracted hereunder:-

¶19

“This petition not come in this Court territorial
jurisdiction. Hence, returned. Petition to be filed
in proper court. Hence, returned. Time one month.”

¶20

3. The learned counsel appearing for petitioners would
submit that after formation of Family Court, no Judicial
Magistrate is entertaining the petition filed under Section
125(1)(a) of Cr.P.C. and the Family Court only ought to receive
the petition and to proceed according to law.

¶21

4. This Court on considering submissions, finds that as
per Section 10(2) of Family Court Act, any proceedings initiated
under Chapter IX of that Code before a Family Court, the same to
be entertained only by the concerned Family Court and no other
courts. In view of the same, the Family Court, Vellore, is
directed to take petitioner's complaint on file and dispose it
according to law. Accordingly, this Criminal Original Petition
is dismissed with the above direction.

¶22

Sd/-

¶23

Assistant Registrar (CS-VIII)

¶24

// True Copy //

¶25

Sub Assistant Registrar

¶26

rpp/sp

¶27

To
 The Family Court Judge, Vellore.
+1CC to M/s.E.Kannadasan, Advocate, SR.No. 52186

¶28

CRL.O.P.No.18096 of 2021

¶29

NR(CO)
B.VC (13/10/2021)

¶30

https://hcservices.ecourts.gov.in/hcservices/

C.Hemalatha v. N.Rajasekar

Case brief

What is this about?

What did the court decide?

C.Hemalatha v. N.Rajasekar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak@ Danny Vs the State Repby

Antony Mary Vs the Superintendent of Police

Thirunavukarasu Vs State Rep by

Thangamani Vs the Deputy Superintendent of Police

Sagunthala Vs State Rep.by

Periyasamy Vs State Rep by