Dismissed¶28

Lakshmi v. Balakrishnan

Madras HC4 Mar 2025CRL RC/315/2025

Case brief

AI extract

What is this about?

Madras HC, Crl.R.C.No.315 of 2025 (with Crl.M.P.No.2918 of 2025), decided 04.03.2025 by P.Velmurugan, J. Lakshmi v. Balakrishnan. Revision under Sections 438 & 442 BNSS 2023 against Family Court, Ariyalur order dated 22.11.2024 dismissing Section 144 BNSS interim maintenance claim (Rs.30,000/month plus Rs.15,000 litigation expenses). Held: per Section 397(ii) Cr.P.C., revision does not lie against interlocutory orders; petition dismissed as not maintainable; Family Court directed to conclude M.C.No.8 of 2024 within two months. Petitioner's counsel: Usha Ramman. No precedents cited.

What did the court decide?

Per Section 397(ii) Cr.P.C., powers of revision cannot be used against interlocutory orders; hence no revision lies against the Family Court's order dismissing the interim maintenance petition, and the revision petition is not maintainable.

Lakshmi Vs Balakrishnan — Maintenance and Alimony | Madras HC (2025)

¶1

Crl.R.C.No.315 of 2025

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 04.03.2025

¶4

CORAM

¶5

THE HON'BLE MR. JUSTICE P.VELMURUGAN

¶6

Crl.R.C.No.315 of 2025 and

¶7

Crl.M.P.No.2918 of 2025

Lakshmi

... Petitioner

Balakrishnan ... Respondent

¶12

PRAYER: Criminal Revision Petition filed under Sections 438 and 442 of BNSS 2023, to set aside the order passed in FC.Cr.M.P.No.76 of 2024 in M.C.No.8 of 2024 dated 22.11.2024 on the file of the Family Court at Ariyalur by allowing the present Criminal Revision Petition.

¶13

For Petitioner : M/s.Usha Ramman

¶14

O R D E R

¶15

This Criminal Revision Petition has been filed to set aside the

¶16

order dated 22.11.2024 passed in FC.Cr.M.P.No.76 of 2024 in M.C.No.8 of 2024 on the file of the Family Court at Ariyalur.

¶17

Heard the learned counsel appearing for the petitioner and

¶18

Page 1 of 4

¶19

https://www.mhc.tn.gov.in/judis

¶20

Crl.R.C.No.315 of 2025

¶21

perused the materials available on record.

¶22

The petitioner filed a petition under Section 144 of BNSS in FC.Cr.M.P.No.76 of 2024 in M.C.No.8 of 2024 on the file of the Family Court, Ariyalur, seeking interim maintenance for a sum of Rs.30,000/per month and for a sum of Rs.15,000/- towards the litigation expenses from the respondent. The learned Judge, Family Court vide impugned order dated 22.11.2024 dismissed the petitioner's petition. Aggrieved by the same, the petitioner has filed this criminal revision petition.

¶23

Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be used against the interlocutory orders. Hence no revision would lie against the interlocutory order. Since the main maintenance case itself a summary procedure, the learned Judge, Family Court, Ariyalur is directed to conclude the proceedings/case in M.C.No.8 of 2024 within a period of two months in accordance with law.

¶24