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CRL OP No. 19983 of 2026 __________ Page1 of 3 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19983 of 2026 Amudha W/o. Gunasekaran, No.10/11, 1st Cross Street, Ranganathapuram, West Tambaram, Chennai-600 045. ..Petitioner(s) Vs G.Gunasekar S/o. Govindaraj, No.3/129, Bharathi Nagar, 4th Street, Chinnamathur, Manali, Chennai-600 048. ..Respondent(s) PRAYER Criminal Original Petition filed under Sec.528 of B.N.S.S. 2023, praying to direct Learned Judicial Magistrate No.1, Tambaram to number petition in Crl.M.P.Sr No.4991 of 2025 in M.C.No.7/1990 and consider the same in accordance with law. For Petitioner(s): Mr. K.Perumal ORDER
1. This Criminal Original Petition is filed to direct the Learned Judicial Magistrate No.1, Tambaram to number petition in Crl.M.P.Sr No.4991 of 2025 in M.C.No.7 of 1990 and consider the same in accordance with law. https://www.mhc.tn.gov.in/judis
CRL OP No. 19983 of 2026 __________ Page2 of 3
2. The matter is ordered at the admission stage without notice to the respondent. It is submitted that originally MC No.7 of 1990 is filed by the petitioner wife and a monthly maintenance of Rs.500/- per month was ordered. Subsequently, it was enhanced to Rs.4000/-. Now, presently the petitioner wants further enhancement. Therefore, the petitioner in Crl.M.P.SR.No.4991 of 2025 is filed. Since the petitioner is filing the application after a long time, she has lost the original order copy. The trial court returned the petition on the ground that the application for enhancement should be accompanied by a certified copy, which was originally passed. When the copy application is made, it is stated that the same is destroyed. In view of the said peculiar fact, unless it is disputed by the respondent about the earlier fixation, the petition itself cannot be rejected without even numbering. Therefore, subject to the trial court, ultimately mustering the copy of the earlier order, if it is disputed and the respondent himself may produce the copy of the order, the Criminal MP. SR.No. 4991 of 2025 is directed to be numbered and the trial court shall consider issuing notice to the respondent and taking up the matter in accordance with law.
3. With the above directions, this Criminal Original Petition is ordered. 27-07-2026 Neutral Citation: Yes/No RPP To The Judicial Magistrate No.1, Tambaram. https://www.mhc.tn.gov.in/judis
CRL OP No. 19983 of 2026 __________ Page3 of 3 D.BHARATHA CHAKRAVARTHY J. RPP CRL OP No. 19983 of 2026 27-07-2026 https://www.mhc.tn.gov.in/judis