K.Sureshkumar vs Mrs.Pusbalatha
2022 Latest Caselaw 15523 Mad

Citation : 2022 Latest Caselaw 15523 Mad
Judgement Date : 19 September, 2022

Madras High Court

K.Sureshkumar vs Mrs.Pusbalatha on 19 September, 2022

                                                                                            Crl.R.C.No.788 of 2021



                                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        Dated : 19.09.2022
                                                                  CORAM:
                                          THE HONOURABLE MR.JUSTICE P.VELMURUGAN
                                                      Crl.R.C.No.788 of 2021 &
                                              Crl.M.P.Nos.11764 of 2021 & 1853 of 2022


                     K.Sureshkumar                                             ...         Petitioner

                                                                    Vs.

                     1.Mrs.Pusbalatha
                     2.Minor Smithin Karthikeyan
                       (Rep. by mother 1st respondent),
                       S/o.Sureshkumar,
                       Both the respondents residing at
                       No.588, Ammasi Nagar,
                       Thiruvagoundanur Bye Pass,
                       Sooramangalam, Salem.                                   ...         Respondent


                                  This Criminal Revision case has been filed under Sections 397 r/w 401 of
                     Code of Criminal Procedure to set aside the order passed in M.C.No.70 of 2016,
                     on the file of the learned Family Judge, Salem, dated 13.11.2018.




                                                 For Petitioner       : Mr.M.Mohamed Riyaz


                                                 For Respondent       : Mr.R.Jayaprakash

                                                                  ******

                     Page No.1/4


https://www.mhc.tn.gov.in/judis
                                                                                       Crl.R.C.No.788 of 2021



                                                               ORDER

This Revision is directed against the exparte order dated 13.11.2018

passed by the learned Family Judge, Salem in M.C.No.70 of 2016.

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

for the respondent and perused the materials available on record.

3. On a perusal of the records, it could be seen that the petitioner has

filed a petition in the year 2021 to set aside the exparte judgment along with

the petition to condone the delay before the Court below. Simultaneously, for

the same prayer, the petitioner has also filed this revision before this Court. It

is to be noted that exparte judgment came to be passed on 13.11.2018,

however this revision was filed only in the year 2021. In other words, the

revision is barred by limitation, since the same was not filed within 90 days

from the date of receipt of the order passed by the learned Judge, Family