Nithin Raja vs S.Padmasankar
2022 Latest Caselaw 10723 Mad

                                                                                Crl.O.P.No.14079 of 2022




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 21.06.2022

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                 Crl.O.P.No.14079 of 2022



                Nithin Raja                                                       ... Petitioner


                                                           Vs.


                S.Padmasankar                                                  ... Respondent



                Prayer:           This Criminal Original Petition filed under Section 482 Cr.P.C,

                praying to set aside the order dated 01.04.2022 in Unnumbered M.C.No. of

                2022 on the file of Family Court, Salem.



                                         For Petitioner          : Mr.B.Ravi




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https://www.mhc.tn.gov.in/judis
                                                                                     Crl.O.P.No.14079 of 2022




                                                      ORDER

This Criminal Original Petition has been filed to set aside the order

rejecting the application filed for maintenance under Section 125 of Cr.P.C.,

before the Family Court, Salem.

2. Heard the learned counsel for the petitioner and perused the materials

available on record.

3. As per Section 19 of the Family Court Act, 1984, it is made clear that

an appeal shall lie from every judgment or order, not being an interlocutory

order, of a Family Court to the High Court both on facts and on law. Further,

Section 19(4) of the Family Court Act, 1984 makes it clear that High Court

may exercise revisional jurisdiction for the purpose of satisfying itself as to

correctness, legality or propriety of the order, not being an interlocutory order

and as to the regularity of such proceeding.

4. Such view of the matter, it is well open to the petitioner either to file an

appeal or revision before the concern Court and not under 482 of Cr.P.C.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14079 of 2022

5. Accordingly, this Criminal Original Petition stands dismissed.

21.06.2022

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No

nr/shk

Note: Registry is directed to return the original order

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14079 of 2022

N. SATHISH KUMAR,J.

nr/shk

Crl.O.P.No.14079 of 2022

21.06.2022

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