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2026 DAILYLAW 79020 (MAD)

ANANTH KULKARNI v. BHAVYA

CRL RC/2709/2025 · 2026-01-28

Sunder Mohan

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.R.C.Nos.2709 & 2710 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 28.01.2026 CORAM: THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.R.C.Nos.2709 & 2710 of 2025 Ananth Kulkarni ...Petitioner in both Petitions -Vs- 1.Bhavya 2.Minor Avani Kulkarni 3.Minor Avash Kulkarni Minors represented by their mother the first respondent herein ...Respondents in both Petitions PRAYER in Crl.R.C/2709/2025: Criminal Revision Petition is filed under Sections 438 of BNSS Act, 2023, to set aside the order passed by the learned Principal Family Court Judge Coimbatore in C.M.P.No.59 of 2025 in M.C.No.15 of 2022 order dated 30.09.2025. PRAYER in Crl.R.C/2710/2025: Criminal Revision Petition is filed under Sections 438 R/W 441 of BNSS Act, 2023, to set aside the order passed by the learned Principal Family Court Judge Coimbatore in C.M.P.No.60 of 2025 in M.C.No.15 of 2022 order dated 30.09.2025. 1/5 https://www.mhc.tn.gov.in/judis Crl.R.C.Nos.2709 & 2710 of 2025 In both Petitions: For Petitioner : Mr.T.Shanmugam For Respondents : Mr.B.A.Prabhu Shankar COMMON ORDER The Revisions challenge the order passed in two miscellaneous petitions filed by the petitioner seeking to reopen the case and to recall PW1 and permit him to further cross-examine PW1. 2.The petitioner is the husband of the first respondent herein and the father of the respondents 2 and 3. The petitioner sought for reopening of the case and for recall of PW1 for further cross-examination. Both petitions were allowed on the condition that the petitioner should deposit Rs.5,00,000/- to the credit of M.C.No.15 of 2022. 3.The learned counsel for the petitioner would submit that since the condition passed by the trial Court is onerous, the said condition has to be set aside. 4.The learned counsel for the respondents however, would submit that the petitioner has not paid maintenance eversince the date of separation and 2/5 https://www.mhc.tn.gov.in/judis Crl.R.C.Nos.2709 & 2710 of 2025 therefore, the condition imposed by the trial Court is justified, more so, since the petition has been filed to delay the proceedings and the case is now posted for arguments. 5.During the previous hearing, this Court had directed the petitioner to pay a sum of Rs.3,00,000/- to the respondents. 6.The learned counsel for the respondent confirms that the petitioner had transferred Rs.2,00,000/- in favour of the first respondent and Rs.1,00,000/- in favour of the second respondent. 7.Considering the facts and circumstances, this Court is inclined to modify the amount directed to be deposited as Rs.3,00,000/-. 8.In view of the above, this Court is inclined to pass the following orders; (i) the trial Court shall reopen the case and permit the petitioner to cross- examine PW1. The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a copy of this Order. 3/5 https://www.mhc.tn.gov.in/judis Crl.R.C.Nos.2709 & 2710 of 2025 (ii)The learned trial Judge shall pass the final order in M.C.No15 of 2022, within a period of four (4) weeks thereafter. 9.With the above observations, the Revisions are disposed of. 28.01.2026 Tsg To The Principal Family Court Judge, Coimbatore. 4/5 https://www.mhc.tn.gov.in/judis Crl.R.C.Nos.2709 & 2710 of 2025 SUNDER MOHAN, J. Tsg Crl.R.C.Nos.2709 & 2710 of 2025 28.01.2026 5/5 https://www.mhc.tn.gov.in/judis