T.V.THAMILSELVI, J.

Today, the matter is listed under the caption “for being mentioned“ at the

instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that even after the

direction of this Court dated 16.09.2025, the respondent has not paid the interim

maintenance to the child.

3. The learned counsel for the respondent also appeared through video

conference.

4. In view of the above submission, the Registry is directed to delete the

following sentence in the order dated 16.09.2025 in Crl.R.C.No.1477 of 2024:

“7. ….. the second respondent is directed to pay a sum of Rs.40,000/- to the petitioner and the child as interim maintenance and also directed to pay the educational expenses to the child within the first five days of every English Calendar month and the said payments shall start from this month (September 2025) itself and the petitioner is directed to pay this maintenance until it is

modified by any Court of law”

and insert the following sentence in its place:

7. ….. “i) the second respondent is directed to pay a sum of Rs.40,000/- to the petitioner and the child as interim maintenance and also directed to pay the educational expenses to the child within the first five days of every English Calendar month and the said payments shall start from November 2025 and the second respondent is directed to pay this maintenance till the disposal of the Maintenance case No.4 of 2024”

ii) the second respondent is also directed to pay the arrears for the months of September and October 2025 within a period of two weeks.

iii) the second respondent shall comply with the order of this Court without fail, and if any deviation, the petitioner is at liberty to execute the order before the Trial Court.

5. In all other respects, the order dated 16.09.2025, shall remain unaltered.

12-12-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No T.V.THAMILSELVI J.

pvs

12-12-2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.09.2025 CORAM:

THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI Sindhu, Female/Aged-36 years, W/o.Vinoth, D/o Mathivanan, No.1/69, Main Road, Alankottai Village, Mannargudi Taluk, Thiruvarur. ...Petitioner Versus

1.State Represented by, The Inspector of Police, All Women Police Station, Mannargudi.

(Crime No.02/2020)

2.Vinoth S/o.Selvaraj Presently Residing at:

No.18211, Bulverde Road, APT 4208, San Antonio, TX, 78259, United States of America. Permanently Residing at:

VadakuStreet, Melaththirupaalakudi, Mannargudi Taluk. ... Respondents PRAYER: Criminal Revision Case filed under Section 438 read with Section 442 of BNSS, 2023 to set aside the order passed in Crl.MP.No.5206 of 2024 dated 05.08.2024 in C.C.No.385 of 2022 by the learned Judicial Magistrate No.1, Mannargudi by allowing the Criminal Revision Petition.

For Petitioner : Mr. Swamisubramanian.

For Respondents : Dr. C.E. Pratap, Government Advocate (Crl.Side) for R1.

Mr. S. Arivazhagan for R2.

J U D G M E N T

This Criminal Revision has been filed to set aside the order passed in Crl.M.P.No.5206 of 2024 dated 05.08.2024 passed by the learned Judicial Magistrate No.1, Mannargudi.

2.When this matter was taken up for hearing, both the petitioner and the second respondent appeared as per the direction of this Court. The learned counsel for the second respondent submits that after recalling the warrant, the second respondent / husband of the petitioner is regularly attending the Court and as on date major witnesses were examined and the case is posted for evidence of the Investigation Officer and thus, sought for dismissing the petition.

3.The learned counsel for the petitioner, on the other hand, raised strong objection stating that the learned Magistrate has erroneously recalled the Non bailable Warrant issued against the second respondent and sought for setting aside the said order passed by the trial Court by stating that after recalling of the Non Bailable Warrant, the second respondent did not attend the court regularly