S.Babu vs Sasikala
2023 Latest Caselaw 5228 Mad

                                                                                   C.M.A.No.219 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 01.06.2023

                                                           CORAM

                           THE HON'BLE MRS. JUSTICE J.NISHA BANU
                                            AND
                     THE HON'BLE MR. JUSTICE D.BHARATHACHAKRAVARTHY

                                                   C.M.A.No.219 of 2023
                                                           and
                                                   C.M.P.No.1711 of 2023

                     S.Babu                                                  ... Appellant
                                                             Vs.

                     1. Sasikala
                     2. Minor B.Vishal
                        S/o Babu
                        represented by his mother
                        & natural guardian, Sasikala
                     Both are residing at
                     No.25/11, Kutputpallam,
                     1st Street, Otteri,
                     Chennai - 600 021.                                      ... Respondents


                                  Petition filed under Section 19 of Family Courts Act, 1984 against

                     the order and decree dated 26.09.2022 made in M.P.No.264/2022 in

                     M.C.No.366/2021 on the file of I Additional Family Court at Chennai.

                                        For Appellant      : Mr.M.Suresh

                                        For Respondents : Mr.Ajith Kumar

https://www.mhc.tn.gov.in/judis
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                                                                                  C.M.A.No.219 of 2023



                                                       JUDGMENT

(Delivered by D.Bharatha Chakravarthy, J.) This Civil Miscellaneous Appeal is filed against the order dated

26.09.2022 passed in M.P.No.264/2022 in M.C.No.366/2021 on the file

of I Additional Family Court at Chennai, arising out of the proceedings

under Section 125 of the Code of Criminal Procedure.

2. This Court, recently in Maria Antony Chandra Prakash v.

Sheela Regina reported in 2023 (2) LW 917 has clarified the legal

position that in respect of orders arising out of Section 125 of Code of

Criminal Procedure, only Criminal Revision would lie. Therefore, this

Civil Miscellaneous Appeal is dismissed as not maintainable, however

with liberty to the appellant to file a Revision, if so advised. No costs.

Consequently, connected miscellaneous petition is also dismissed.

                                                                      (J.N.B,J.)    (D.B.C, J.)
                     Index             : Yes / No                           01.06.2023
                     Internet          : Yes
                     vsi

                     To

I Additional Family Court at Chennai.

https://www.mhc.tn.gov.in/judis Page 2/3 C.M.A.No.219 of 2023

J. NISHA BANU, J.

and D.BHARATHA CHAKRAVARTHY,J.

vsi

C.M.A.No.219 of 2023

01.06.2023

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