BALASUBRAMANIAN Vs. THANGASELVI

JUDGEMENT

(1.) This Criminal Original Petition has been filed challenging the proceedings initiated in M.C.No.4 of 2017 on the file of the learned Judicial Magistrate No.I, Virudhunagar.

(2.) The first respondent is the wife of the petitioner and the second and third respondents are the children. The respondents have initiated proceedings under Section 125 Cr.P.C., against the petitioner's claiming monthly maintenance of Rs. 10,000/- to the first respondent and Rs. 5,000/- each to the second and third respondents. After notice was issued to the petitioner, the present petition has been filed to quash the proceedings in M.C.No.4 of 2017.

(3.) The learned counsel for the petitioner would submit that the respondents have initiated proceedings in O.S.No.45 of 2014 before the District Munsif Court, Aruppukottai, claiming maintenance and the same is pending. Therefore, the learned counsel for the petitioner would submit that a parallel proceedings under Section 125 Cr.P.C., cannot be maintained before the Court below.