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2025 DAILYLAW 70266 (MAD)

S.MYTHILI @ KAVITHA v. M.SRINIVASAN

CRL RC/1490/2024 · 2025-03-27

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.RC.No.1490 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.03.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.1490 of 2024 and Crl.M.P.No.12501 of 2024 S.Mythili @ Kavitha ... Petitioner Vs. M.Srinivasan ... Respondent Prayer: Criminal Revision Case filed under Sections 438 & 442 of B.N.S.S to set aside the order passed by the learned IV Additional Principal Judge, Family Court at Chennai on 07.11.2023 in Crl.M.P.No.100 of 2023 in M.C.No.18 of 2022. For Petitioner : Mr.S.Vijayanand For Respondent : Mr.N.Naresh ORDER This Criminal Revision Case has been filed by the petitioner to set aside the order passed by the learned IV Additional Principal Judge, Family Court at Chennai on 07.11.2023 in Crl.M.P.No.100 of 2023 in M.C.No.18 of 2022. 1/4 https://www.mhc.tn.gov.in/judis Crl.RC.No.1490 of 2024 2. Heard both sides and perused the materials available on record. 3. It is seen that the petitioner is the wife of respondent herein. The petitioner has filed a maintenance case in M.C.No.18 of 2022 before the IV Additional Principal Judge, Family Court, Chennai and pending maintenance case, she filed a petition in Crl.M.P.No.100 of 2023 seeking interim maintenance. The said petition was dismissed by order dated 07.11.2023. Aggrieved by the order of dismissal, the wife has filed the present revision before this Court. The main M.C. is still pending. 4. It is settled proposition of law that no revision would lie against interlocutory order and it is barred under Section 397(2) of Cr.P.C. 5. Since the present revision is filed against the interlocutory order passed in Crl.M.P.No.100 of 2023 in M.C.No.18 of 2022, this revision is not maintainable. 6. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is closed. 2/4 https://www.mhc.tn.gov.in/judis Crl.RC.No.1490 of 2024 7. However, the petitioner is at liberty to work out her remedy in the pending maintenance case. 27.03.2025 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No ksa-2 To The IV Additional Principal Judge, Family Court, Chennai 3/4 https://www.mhc.tn.gov.in/judis Crl.RC.No.1490 of 2024 P.VELMURUGAN. J. Ksa-2 Crl.RC.No.1490 of 2024 27.03.2025 4/4 https://www.mhc.tn.gov.in/judis