Disposed

Minor Karthik v. Siva@Sivakumar

Madras HC11 Aug 2021CRL OP/19686/2019

Case brief

AI extract

What is this about?

The High Court, without adjudicating on the merits of a petition seeking enhancement of maintenance, closed the filing by directing the lower court to expedite the pending maintenance trial to dispose of it within a month, following a prior order.

What did the court decide?

Criminal Original Petition is closed. Trial Court directed to expedite trial and dispose of maintenance petition on or before 31.12.2021.

Minor Karthik Vs Siva@Sivakumar — Maintenance and Alimony | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.08.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.DHANDAPANI

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Crl.O.P.No.19686 of 2019

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1. Minor Karthik

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2. Minor Sujitha

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both are represented by their natural guardian and mother

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3. Menaka .. Petitioners/Respondents

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Vs.

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Siva @ Sivakumar .. Respondent/Petitioner

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PRAYER: Criminal Original Petition filed under Section 482 of
the Code of Criminal Procedure, to call for the records in order
passed by Sessions Court, Thiruvannamalai, in Crl.R.C.No.15 of
2016 dated 20.04.2017 modifying the order passed by Judicial
Magistrate No.II, Tiruvannamalai in Crl.M.P.No.3045 of 2013 in
M.C.No.1 of 2012 dated 11.04.2016 and set aside the same in
respect of the modified portion is concerned.

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For Petitioners : Mr.B.Jawahar

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For Respondent : Mr.G.Saravanan

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O R D E R

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This petition has been filed to call for the records in
order passed by Sessions Court, Thiruvannamalai, in
Crl.R.C.No.15 of 2016 dated 20.04.2017 modifying the order
passed by Judicial Magistrate No.II, Tiruvannamalai in
Crl.M.P.No.3045 of 2013 in M.C.No.1 of 2012 dated 11.04.2016 and
set aside the same in respect of the modified portion is
concerned.

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

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2. The petitioners herein are two minor children of the
respondent herein. The wife of the petitioner had preferred
M.C.No.1 of 2012, on the file of the Judicial Magistrate No.II,
Thiruvannamalai. During the pendency of the said Maintenance
Petition, the wife and her children filed Crl.M.P.No.3045 of
2012 before the said Court, claiming interim maintenance. The
said miscellaneous petition was allowed and thereby, the Trial
Court directed the respondent to pay Rs.2,000/- to the wife and
Rs.1,500/- each to the petitioners herein. Aggrieved by the said
order, the respondent herein has preferred a Criminal Revision
Petition in Crl.R.C.No.15 of 2016 before the Sessions Court,
Thiruvannamalai, whereby, the Trial Court has reduced the
awarded amount to the petitioners herein from Rs.1,500/- each to
Rs.1,000/- each. Challenging the said order of reduction, the
present petition has been filed before this Court by the
petitioners.

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3. The learned counsel appearing for the petitioner
submitted that the Trial Court has erroneously reduced the
maintenance amount without considering the difficulties of the
Wife in maintaining their children in the present cost of living
prevailing in the Society and thereby she left in lurch and
hence prays for enhancement of the maintenance amount.

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4. The learned counsel appearing for the respondent
submittedthatasagainsttheorderpassedin
Crl.M.P.No.3045/2013,therespondenthaspreferred
Crl.O.P.No.15132 of 2017 and the same was disposed of on
20.07.2021, with a direction to expedite the trail and dispose
of the maintenance case in M.C.No.1 of 2012, on or before
31.12.2021 and hence this petition may be closed in view of the
order passed by this Court in the above said Criminal Original
Petition.

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5. This Court, without going into the merits of the
claim projected by the petitioner in this petition, and in view
of the order passed by this Court in Crl.O.P.No.15132 of 2017,
is inclined to close the present petition as there was already a
direction to expedite the trial in the Maintenance Petition and
dispose of the same.

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6. Therefore, this Criminal Original Petition is closed
and as directed by this Court in Crl.O.P.No.15132 of 2017, vide

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

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order dated 20.07.2021, the Judicial Magistrate No.II,
Thiruvannamalai, is directed to expedite the trial in M.C.No.1
of 2012 and dispose of the same on or before 31.12.2021.

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Sd/-
Assistant Registrar (CS-IX)
// True Copy //

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Sub Assistant Registrar

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sk
To
1. The Judicial Magistrate No.II, Tiruvannamalai.
2. The Public Prosecutor,
 High Court, Madras.
KSM(CO)
B.VC (27/09/2021)

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Crl.O.P.No.19686 of 2019

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

Minor Karthik v. Siva@Sivakumar

Case brief

What is this about?

What did the court decide?

Minor Karthik v. Siva@Sivakumar

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

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