ORDER

This petition is filed to set aside the order dated 18.06.2019 made in Cr.M.P.No.151 of 2018 in M.C.No.24 of 2016 by the learned Family

Court, Madurai.

2. The respondent/wife in M.C.No.24 of 2016, filed this revision challenging the order in Cr.M.P.No.151 of 2018 filed by the petitioner/ husband under Section 451 Cr.P.C., seeking interim custody of the 'Mangalsutra'. The husband stated that they settled all the dispute through proceedings in HMOP.No.107 of 2014. In the said proceedings, except the 'Mangalsutra', other jewels were handed over by the petitioner/wife. Hence he seeks for the return of the said 'Mangalsutra'

under Section 451 Cr.P.C.

3. The respondent/wife filed counter denying the said fact. She stated that during the separation period, she converted the same into two dollar chains. The said chains are worn by the two female children. Hence, she seeks dismissal of the petition and also stated that the petition was not maintainable under Section 451 of Cr.P.C., after the completion of the proceedings in M.C.No.24 of 2016.

4.But, without considering the same, the learned trial Judge directed her to hand over the said 'Mangalsutra'. Challenging the same, the petitioner/wife filed this revision before this Court.

5. The petitioner herein has filed the petition in H.M.O.P.No.107 of

2014 seeking divorce against the respondent stating that she married the respondent on 30.04.2006. Out of their wedlock, two female children are born to them. Thereafter, due to some misunderstanding between them, she filed a petition for divorce with some allegations. The respondent has also filed a petition in H.M.O.P.No.362 of 2013 for restitution of conjugal rights. The said divorce petition was allowed on 19.10.2015. Thereafter, the petitioner filed the petition in M.C.No.24 of 2016, on the file of the learned Judge, Family Court, Madurai, seeking maintenance. In the said maintenance proceedings, the respondent filed a petition in Crl.M.P.No.151 of 2018 under Section 451 of Cr.P.C.,to return the 'Mangalsutra'. In the H.M.O.P., proceedings, an interlocutory application has been filed to return the jewels. At that time, all the jewels were handed over to the respondent except the 'Mangalsutra'. According to the petitioner, she converted the said chain into two dollar chains and they are worn by her two female children. The respondent herein remains a father until the life period of the said two female children. He has no moral and legal right to claim the said two dollar chains of the female children. Hence, the respondent is not entitled to claim the 'Mangalsutra'. Therefore, the impugned order passed by the learned trial Judge is set aside. Further, the said petition is not maintainable in view of this Court, Section 451 Cr.P.C is meant only in the case of the pending proceedings.

Hence, the petition is not maintainable.

6. Accordingly, this Criminal Revision stands allowed and the impugned order in Cr.M.P.No.151 of 2018 in M.C.No.24 of 2016 on the file of the Family Court, Madurai, dated 18.06.2019 is hereby set aside.

Consequently, connected miscellaneous petition is closed.

14.12.2023

NCC : Yes/No Index : Yes/No Internet: Yes/No

PJL/sbn

To

1. The Judge,

Family Court, Madurai. 2. The Section Officer,

Criminal Section(Records),

Madurai Bench of Madras High Court, Madurai.

K.K.RAMAKRISHNAN, J.

PJL/sbn

Crl.R.C(MD)No.747 of 2019

and

Crl.M.P.(MD).No.8593 of 2019

14.12.2023