The revision challenging an interim maintenance order was dismissed as the petitioner's adultery claim did not warrant interference. However, the trial court was directed to decide the main maintenance case within two months, failing to comply with a prior four-month directive.
Trial Court directed to decide the main maintenance case within two months.
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Crl.RC No.1854 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.No.1854 of 2024
and Crl.M.P.No.15242 of 2024
Ajeesh Kumar .S ... Petitioner
Vs.
1. Shilaja T.R
2. Shreya Ajeesh (minor)
Rep. by her mother and natural guardian ... Respondents
PRAYER: Criminal Revision Case filed under Sections 438 r/w 442 of the BNSS, to set aside the impugned order dated 16.11.2022 passed in Crl.M.P.No.731 of 2021 in M.C.No.195 of 2021 pending on the file of the III Additional Family Court at Chennai by allowing the present Criminal Revision Petition.
For Petitioner : Mr.Ajaya Francis Inigo Loyola
For Respondents : Mr.Rahul Jaganathan
ORDER
The petition challenges the order passed in Crl.M.P.No.713 of
2021 in M.C.No.195 of 2021 directing the petitioner to pay an interim maintenance of Rs.45,000/- to the respondents i.e., Rs.30,000/- to the 1st respondent and 15,000/- to the 2nd respondent, pending disposal of the
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Maintenance Case.
the respondents would per contra submit that the petitioner had earlier filed a petition under Section 127 of Cr.P.C., seeking modification of the order of the interim maintenance which was dismissed by the trial Court; that the petitioner challenged the same before this Court in Crl.R.C.Nos.1707 and 1709 of 2023 and this Court by a common order dated 31.01.2024 had dismissed the said revisions and directed the trial Court to decide the main maintenance case within a period of four months; and that the petitioner is due to pay arrears of maintenance to the tune of Rs.9,76,200/-.
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has not complied with the direction of this Court in the above order dated 31.01.2024. Therefore, the trial Court shall comply with the earlier direction and decide the maintenance case as expeditiously as possible, in any event not later than two months from the date of receipt of a copy of this order. It is made clear that no further extension of time would be granted to dispose of the maintenance case.
04.11.2024
Index: Yes/No Speaking/Non-speaking order Neutral citation: Yes/No. ars
To
The III Additional Family Court, Chennai.
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Crl.RC No.1854 of 2024
SUNDER MOHAN, J.
ars
Crl.R.C.No.1854 of 2024
04.11.2024
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Crl.RC No.1854 of 2024
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3 issues framed by the court
Whether the criminal revision petition challenging the interim maintenance order should be allowed given the claim of adultery.
Whether the Family Court has complied with the earlier direction to decide the main maintenance case within four months.
What relief is appropriate to ensure the main maintenance case is disposed of expeditiously.
2 provisions across 1 enactments
Ajeesh Kumar .S
Shilaja T.R
Shreya Ajeesh
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
