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Sivanandi v. Vijaya

Madras HC18 Jun 2025CRL RC(MD)/41/2023

Case brief

AI extract

What is this about?

Keywords: criminal revision; Section 397 & 401 CrPC; Madurai Bench Madras High Court; ex parte maintenance order; M.C.No.8 of 2019; Judicial Magistrate Aruppukkottai; monthly maintenance Rs.15,000/- to wife and daughter; set aside and remand for fresh adjudication; trial to conclude within one month; interim maintenance continues till fresh orders; Rs.1,00,000/- maintenance deposit withdrawn; natural guardian/wife-daughter maintenance case.

What did the court decide?

Criminal Revision Case allowed; ex parte maintenance order dated 16.05.2019 in M.C.No.8 of 2019 set aside and matter remanded to the learned Judicial Magistrate, Aruppukkottai for final adjudication, with a direction to conclude the trial within one month and with the earlier order continuing to hold good till fresh orders; connected Miscellaneous Petition closed. ¶26

Sivanandi Vs Vijaya — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the ex parte order of monthly maintenance dated 16.05.2019 passed in M.C.No.8 of 2019 should be called for and set aside so that the petitioner, who was set exparte below, may be heard and the matter adjudicated afresh.

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Court's answer

Since the petitioner had been set ex parte by the Trial Court, the Court found it necessary that the Trial Court hear the petitioner.

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Ratio / Principle

The order in M.C.No.8 of 2019 dated 16.05.2019 passed by the learned Judicial Magistrate, Aruppukkottai is set aside and the matter is remanded to the file of the learned Judicial Magistrate, Aruppukkottai for final adjudication.

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Key takeaways

The learned Judicial Magistrate, Aruppukkottai is directed to conclude the trial within a period of one month from the date of receipt of a copy of this order.ratio¶21
Until fresh orders are passed, the earlier maintenance order dated 16.05.2019 will continue to hold good.ratio¶21

Detailed headnote1 paragraphs

Madras High Court, Madurai Bench (L. Victoria Gowri, J.) allowed a criminal revision under Sections 397 & 401 of the Code of Criminal Procedure filed by Sivanandi challenging the ex parte order dated 16.05.2019 of the learned Judicial Magistrate, Aruppukkottai in M.C.No.8 of 2019, by which monthly maintenance of Rs.15,000/- was granted to his wife (first respondent Vijaya) and daughter (second respondent Dhanalakshmi). Observing that the petitioner had been set ex parte below, the Court set aside the impugned order and remanded the matter for final adjudication, directed the trial to be concluded within one month of receipt of a copy of the order, and ordered that the earlier maintenance order continue to hold good until fresh orders were passed. Counsel noted Rs.1,00,000/- of maintenance had already been deposited and withdrawn. Connected Crl.M.P(MD)No.597 of 2023 was closed.

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Crl.R.C(MD)No.41 of 2023

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s BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 18.06.2025

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CORAM

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THE HON'BLE MRS.JUSTICE L.VICTORIA GOWRI

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Crl.R.C(MD)No.41 of 2023 and Crl.M.P(MD)No.597 of 2023

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Sivanandi

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... Petitioner/Respondent

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Vs.

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1.Vijaya 2.Dhanalakshmi ... Respondents/Petitioners 1&2

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Prayer : Criminal Revision Case is filed under Section 397 & 401 of the Code of Criminal Procedure, to call for the records relating to the order, dated 16.05.2019 passed by the learned Judicial Magistrate, Aruppukkottai in M.C.No.8 of 2019 and set aside the same as arbitrary and illegal.

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For Petitioner : Mr.P.Ganapathi Subramanian For R1 : Mr.Karunanithi

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ORDER

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Challenging the order passed by the learned Judicial Magistrate,

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Aruppukkottai in M.C.No.8 of 2019, dated 16.05.2019, this criminal

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revision case is filed.

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1/4

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

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Crl.R.C(MD)No.41 of 2023

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The 1^st respondent is the wife and the 2^nd respondent is the daughter of the petitioner. The 1^st respondent, on behalf of herself and her daughter, had filed M.C.No.8 of 2019 on the file of the Judicial Magistrate Court, Aruppukkottai. Setting the petitioner herein as ex parte, the learned Trial Court was pleased to pass an order of monthly maintenance of Rs.15,000/- to the respondents by the impugned order. The learned counsel for the petitioner submitted that already an amount of Rs.1,00,000/- of the maintenance has been deposited before the learned Trial Court and the respondent has already withdrawn the said amount.

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Considering the fact that the petitioner had been set ex parte by the learned Trial Court, I find it necessary that the learned Trial Court to hear the petitioner. Accordingly, the order in M.C.No.8 of 2019 passed by the learned Judicial Magistrate, Arupukkottai, dated 16.05.2019 is hereby set aside and the matter is remanded back to the file of the learned Judicial Magistrate, Arupukkottai for final adjudication. The learned Judicial Magistrate, Arupukkottai is directed to conclude the trial within a period of one (1) month from the date of receipt of copy of this order. Till fresh orders are passed, the earlier order, dated 16.05.2019 would

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2/4

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

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Crl.R.C(MD)No.41 of 2023

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hold good.

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