Madras High Court
Sekar vs Sanmugavalli on 27 April, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.R.C(MD)No.611 of 2020
and
CMP(MD)No.5507 of 2020
Sekar : Petitioner/Petitioner/
Respondent
Vs.
1.Sanmugavalli
2.Saathikshasri : Respondents/Respondents/
Complainants
Prayer: Criminal Revision has been filed under section
397 r/w 401 of Criminal Procedure Code, against the order, dated
14.11.2019 passed by the Family Court, Karur, in Cr.M.P No.3 of
2019 in MC No.42 of 2018 and permit the petitioner to contest the
main case in MC No.42 of 2018 on the file of the Family Court,
Karur.
For Petitioner : Mr.V.Sukumar
For Respondents : M/s.S.Prabha
(Legal Aid Counsel)
ORDER
This Criminal Revision is directed against the order, dated
14.11.2019 passed by the Family Court, Karur in Cr.M.P No.3 of
2019 in MC No.42 of 2018 and permit the petitioner to contest the
main case in MC No.42 of 2018 on the file of the Family Court,
Karur.
https://www.mhc.tn.gov.in/judis/
2.It is seen from the records that the marriage between
the petitioner and the 1st respondent was solemnised on
30.03.2015, Out of the wedlock, they begotten a female child viz.,
the 2nd respondent herein. Due to matrimonial tiff, the respondents
filed MC No.42 of 2018 on the Family Court, Karur, seeking
maintenance against the petitioner. On 12.04.2019, due to non
appearance of the petitioner and for not filing the counter, the
petitioner was set aside ex-parte. The petitioner filed Cr.M.P No.3
of 2019 in MC No.42 of 2018 seeking to set aside the ex-parte
order. The said petition was allowed on 18.10.2019 on payment of
cost of Rs.500/- to the respondents. In view of non-compliance of
the order, the petitioner was set ex-parte in MC No.42 of 2018.
Now, the petitioner has come forward with this criminal revision
seeking the relief as stated supra.
3.Heard both sides and perused the materials available on
record.
4.It is the main contention of the petitioner that he was
suffering from chicken box at the relevant point of time, hence, he
could not comply with the conditional order passed by the trial
court.
https://www.mhc.tn.gov.in/judis/
5.It is seen from the medical certificate issued by the
medical practitioner, the petitioner has suffered with chicken box
between the period 12.11.2019 and 27.11.2019. It is a case of
maintenance. Hence, it is necessary to give reasonable to the
petitioner to contest the case.
6.In view of that, this Criminal Revision is allowed on
condition that the petitioner shall deposit a sum of Rs.20,000/-
(Rupees Twenty Thousand only) to the credit of MC No.42 of 2018
on the file of the Family Court, Karur, within a period of 4 weeks
from the date of receipt of a copy of this order. On such
compliance, the Family Court, Karur, is directed to take up the case
MC No.42 of 2018 and dispose of the same purely on merits and in
accordance with law, after giving reasonable opportunity to the
parties concerned, as expeditiously as possible.
27.04.2021
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the
advocate/litigant concerned.
To,
The Family Court,
Karur.
Judgment made in
Crl.R.C(MD)No.611 of 2020
27.04.2021
https://www.mhc.tn.gov.in/judis/
