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2025 DAILYLAW 198156 (MAD)

K.V.KIRUBAKARAN v. A.JANSIRANI

CRL RC/2786/2025 · 2025-12-18

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.R.C.No.2786 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.12.2025 CORAM: THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.R.C.No.2786 of 2025 K.V.Kirubakaran ...Petitioner -Vs- 1.A.Jansirani 2.Minor K.Banushree 3.Minor K.Jeethika (Minor 2 and 3 rep. by their mother next friend A.Jansirani) ...Respondents PRAYER: Criminal Revision Petition is filed under Sections 438 and 442 of BNSS Act, 2023, to call for the entire records and set aside the order passed by the learned Judicial Magistrate, Katpadi in Cr.M.P.No.1030/2025 in M.C.No.15/2023. For Petitioner : Mr.D.Rajagopal ORDER The Revision challenges the order passed by the learned Judicial Magistrate, Katpadi directing the petitioner to pay an interim maintenance of Rs.5,000/- to each of the respondents herein till the disposal of M.C.No.15 of 2023. 1/4 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2786 of 2025 2.The trial Court found that the respondents are unable to maintain themselves and therefore, the petitioner is bound to pay interim maintenance till the disposal of M.C.No.15 of 2023. 3.The learned counsel for the petitioner would submit that the petitioner is not employed and that he cannot pay the interim maintenance of Rs.15,000/- pending disposal of M.C.No.15 of 2023. 4.On a perusal of the impugned order, it is seen that there are two minor children in the custody of the first respondent. The first respondent is unemployed as seen from the impugned order. The petitioner is bound to maintain them and in the circumstances, the impugned order passed by the learned Magistrate is justified and there is no reason to interfere with the same. However, the learned Magistrate may conclude the proceedings in M.C.No.15 of 2023, within a period of three (3) months from the date of receipt of a copy of this order. The petitioner shall pay the interim maintenance as ordered by the learned Magistrate till then. 2/4 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2786 of 2025 5.Accordingly, the Criminal Revision Petition is dismissed. 18.12.2025 Tsg To 1.The Judicial Magistrate, Katpadi 2.The Public Prosecutor, High Court, Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.R.C.No.2786 of 2025 SUNDER MOHAN, J., Tsg Crl.R.C.No.2786 of 2025 18.12.2025 4/4 https://www.mhc.tn.gov.in/judis