SIVAGNANAM Vs. ARULJOTHI

JUDGEMENT

(1.) THIS criminal revision has been filed to set aside the order, dated 06.10.2009, made in M.P.No.4462 of 2008 in M.C.No.5 of 2006, on the file of the Judicial Magistrate Court, Manamadurai.

(2.) THE petitioner is the respondent in M.C.No.5 of 2006, on the file of the Additional District Munsif-cum-Judicial Magistrate Court, Manamadurai, which was filed by his wife and his two children for maintenance. Pending enquiry of the maintenance case, the first respondent herein filed M.P.No.5615 of 2008 for interim maintenance. THE petitioner was directed to pay maintenance to the respondents in the miscellaneous petition.

(3.) IN the counter filed by the respondent, it is stated that the petitioner has not enclosed any medical certificate to show that he was suffering from illness. The allegations as to the information given by his Advocate regarding the proceedings of the case have to be established by the petitioner by examination of the Advocate concerned. While he was required to surrender before the Court on 21.05.2008, he might have known about the ex parte order. However, he did not take any steps to set aside the same. The reasons adduced in the affidavit are not satisfactory. Only to harass the respondents and to delay the proceedings, he has filed the application. Hence, the petition may be dismissed.