Husband challenged the execution order imposing arrest and 11 months' simple imprisonment for non-payment of maintenance granted in M.C.No.09 of 2018. Since his revision against the maintenance order itself had been dismissed on 02.07.2024, the Court found no merit and confirmed the execution order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.R.C.(MD)No.972 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.07.2024
CORAM
THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN
Crl.R.C.(MD)No.972 of 2023
Sivaperumal
... Petitioner
Vs.
1.Valli
2.Minor.Theivanayagi
3.Minor.Dharmaraj
(R2 & R3 are minors represented through their mother/natural guardian namely first respondent)
... Respondents
PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and set aside the order dated 24.07.2023 made in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 on the file of the Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.
For Petitioner : Mr.C.Senthil Murugan
For Respondents : Mr.S.Gokulraj
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Crl.R.C.(MD)No.972 of 2023
ORDER
This criminal revision case has been filed to set aside the order dated 24.07.2023 made in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 on the file of the Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.
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Crl.R.C.(MD)No.972 of 2023
circumstances of this case, this Court finds no merits to interfere with the
order passed by the Court below and inclines to dismiss this case.
3.Accordingly, this Criminal Revision Case stands dismissed and the order in Crl.M.P.No.28 of 2020 in M.C.No.09 of 2018 dated 24.07.2024, passed by the learned Additional District Minsif cum Judicial Magistrate, Vedasandur, Dindigul District, is hereby confirmed.
03.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No gns/ sbn
To
The Additional District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District.
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Crl.R.C.(MD)No.972 of 2023
K.K.RAMAKRISHNAN,J.
gns/ sbn
Crl.R.C.(MD)No.972 of 2023
03.07.2024
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1 issue framed by the court
Whether the High Court should interfere with the Magistrate's order sentencing the husband to simple imprisonment under Section 128 Cr.P.C. for default in paying maintenance.
2 provisions across 1 enactments
Sivaperumal
Valli
Minor.Theivanayagi
Minor.Dharmaraj
K.K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
