Velmurugan v. Ranjitha
Case brief
What is this about?
Petitioner filed revision to quash ex-parte maintenance order. Court set aside the order allowing petitioner to present case before trial court while directing reduced interim maintenance until trial disposal.
What did the court decide?
Impugned order set aside; petitioner directed to appear in trial court and pay interim maintenance of Rs.7,500/-.
What the court decided
Crl.R.C(MD).No.418 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD).No.418 of 2022 and Crl.M.P(MD).No.5454 of 2022
Velmurugan
..Petitioner/Respondent
Vs.
Ranjitha
.. Respondent/Petitioner
PRAYER: This Criminal Revision Case is filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order dated 02.04.2019 passed in M.C.No.1 of 2019 on the file of the learned District Munsif Cum Judicial Magistrate, Rameswaram and set aside the same.
Issues for consideration
3 issues framed by the court
Whether the impugned ex-parte maintenance order should be set aside given the petitioner's failure to appear.
Whether to release the petitioner from the full ex-parte maintenance amount to fight the case on merits.
Whether the petitioner ought to be allowed an opportunity to present his case before the trial court.
Parties & counsel
- petitioner
Velmurugan
- respondent
Ranjitha
Coram
G.K.ILANTHIRAIYAN
Case details
As recorded by the court registry
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