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2025 DAILYLAW 66391 (MAD)

SHANMUGASUNDARAM v. SEETHALAKSHMI

CRL RC/1299/2024 · 2025-03-28

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL RC No. 1299 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-03-2025 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN CRL RC No. 1299 of 2024 1. SHANMUGASUNDARAM S/o.Palaniappa Mudaliyar, D.No.5/41B, Vellan Nagar, Venagamedu, Angeripalayam, Chettipalayam, Tiruppur. Petitioner(s) Vs 1. SEETHALAKSHMI W/o.Shanmugasundaram, Residing At M.S.Nagr South, Rani Mangamma Nagar 2nd Street, Employed At PR Textiles, Kumaran Traders, Rajaji Nagr, 4th Street, Cotton Mill Road, P.N.Road, Tirupur - 2. Respondent(s) PRAYER: This Criminal Revision Petition is filed under Section 438 read with Section 442 of BNSS, 2023, to call for the records and set aside the order passed by the learned Family Court Judge, Tiruppur, in CMP.No.2 of 2023 in M.C.No.15 of 2023 dated 16.04.2024. https://www.mhc.tn.gov.in/judis CRL RC No. 1299 of 2024 For Petitioner(s): M/s.N.Mayilsamy For Respondent(s): No appearance ORDER This Criminal Revision Petition has been filed to call for the records and to set aside the order dated 16.04.2024 passed in CMP.No.2 of 2023 in M.C.No.15 of 2023 by the learned Judge, Family Court, Tiruppur. 2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 3. The petitioner/husband has filed the petition in C.M.P.No.2 of 2023 in M.C.No.15 of 2023 seeking to set aside the exparte order dated 11.08.2023 passed by the learned Judge, Family Court, Thirupur. The learned Judge, Family Court vide impugned order dated 16.04.2024 dismissed the petitioner's petition. Aggrieved by the same, the petitioner has filed this criminal revision petition. 4. Section 397(ii) Cr.P.C. clearly states that powers of revision cannot be used against the interlocutory orders. Hence no revision would lie against the interlocutory order. https://www.mhc.tn.gov.in/judis CRL RC No. 1299 of 2024 5. In view of the same, this criminal revision petition is dismissed as not maintainable. However, the petitioner is at liberty to workout his remedy before the learned Judge, Family Court, Tiruppur. 28-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL RC No. 1299 of 2024 To The Judge, Family Court , Tiruppur, https://www.mhc.tn.gov.in/judis CRL RC No. 1299 of 2024 P.VELMURUGAN J. mfa CRL RC No. 1299 of 2024 28-03-2025 https://www.mhc.tn.gov.in/judis