Madras High Court
Priya vs D.Raju @ Pnt Raju @ Rajanna on 14 August, 2020
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.22690 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.08.2020
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.22690 of 2016
1.Priya
2.Bhoomika (Minor)
3.Swetha (Minor)
(Minors 2 & 3 are represented by their
mother and natural guardian
Mrs.Priya) ... Petitioners
Vs.
D.Raju @ PNT Raju @ Rajanna
S/o.Late Dasappan ... Respondent
Prayer : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code to pass an order directing the learned Family Court of
Nilgiris, Udhagamandalam to receive the petition filed under Section
125(3) Cr.P.C by the petitioner dated 28.07.2016 on file and to dispose of
the case on merit.
For Petitioners : Mr.J.Franklin
For Respondent : Mr.S.Sathish Rajan
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http://www.judis.nic.in
Crl.O.P.No.22690 of 2016
ORDER
This petition has been filed seeking direction to the Family Court, Nilgiris, Udhagamandalam to entertain the petition filed by the petitioner under Section 125(3) of Criminal Procedure Code.
2. The learned counsel for the petitioner submitted that the 1st petitioner had filed a petition in M.C.No.11 of 2014 before the Judicial Magistrate Court, Nilgiris, Udhagamandalam on 06.12.2013, thereafter, the same was transferred to the file of Family Court, Nilgiris, Udhagamandalam. Since the respondent failed to appear for hearing, an ex parte order was passed on 13.2.2015, directing the respondent to pay the maintenance amount of Rs.5,000/- each, to the petitioners, who are the deserted wife and minor daughters of the respondent. However, the respondent had failed to pay the said amount, the petitioners filed a petition under Section 125(3) of Criminal Procedure Code before the Family Court, Nilgiris, Udhagamandalam on 28.07.2016. The learned Judge of the said Court returned the petition for the reason that the Page No.2/6 http://www.judis.nic.in Crl.O.P.No.22690 of 2016 address of the respondent is not been provided. Thereafter, the petitioner had represented the petition and the same was returned for the reason the respondent was not residing within its jurisdiction and hence, the present petition.
3. The learned counsel for the respondent submitted that the Family Court, Nilgiris, Udhagamandalam on its own wisdom had returned the petition filed by the petitioner, for which, the petitioner has no say.
4. Considering the submissions, it is seen that the Family Court, Nilgiris, Udhagamandalam, is the Court functioning under the Family Courts Act, 1984 (hereinafter referred to as the 1984 Act). As per Section 7(f) of 1984 Act, the Family Court has got jurisdiction to try the suit or proceedings for maintenance. Further, as per Sections 7(2) and 10(2) of 1984 Act, it is clearly mentioned that the jurisdiction exercisable by a Magistrate under Chapter IX of Criminal Procedure Code is to be Page No.3/6 http://www.judis.nic.in Crl.O.P.No.22690 of 2016 adopted and also as per Section 18(2) of the said Act, empowers, the manner in which the orders to be executed.
5.Thus, the Family Court, Nilgiris, Udhagamandalam has got jurisdiction and powers to entertain the petition filed by the petitioner under Section 125(3) of Criminal Procedure Code and ought not to have return the same. In view of the same, the Family Court, Nilgiris, Udhagamandalam, entertain the petition filed by the petitioner and to pass appropriate orders on merits as contemplated under the Act. Accordingly, this Criminal Original Petition stands disposed of.
The Registry is directed to return the original petition filed under Section 125(3) of Criminal Procedure Code, to the petitioner so as to enable the petitioner to file the same before the Family Court, Nilgiris, Udhagamandalam.
14.08.2020 Internet : Yes / No Index : Yes / No Speaking Order / Non-Speaking Order ms Page No.4/6 http://www.judis.nic.in Crl.O.P.No.22690 of 2016 To The Judge, Family Court, Nilgiris, Udhagamandalam.
Page No.5/6 http://www.judis.nic.in Crl.O.P.No.22690 of 2016 M.NIRMAL KUMAR, J.
ms Crl.O.P.No.22690 of 2016 14.08.2020 Page No.6/6 http://www.judis.nic.in