PRAYER: This Criminal Original Petition is filed under Section 482 of Cr.P.C. to setaside the order, dated 24.11.2020 in Crl.R.C.No.25 of 2020 on the file of the II Additional District and Sessions Judge, Thanjavur and that of the order, dated 12.03.2020 made in M.C.No.7 of 2016 on the file of the Judicial Magistrate, Thiruvaiyaru and allow the Criminal Original Petition.

ORDER

This Criminal Original Petition is filed to set aside the order, dated 24.11.2020 in Crl.R.C.No.25 of 2020 on the file of the II Additional District and Sessions Court, Thanjavur and that of the order, dated 12.03.2020 made in M.C.No.7 of 2016 on the file of the learned Judicial Magistrate, Thiruvaiyaru.

2. Brief facts of the case.

The petitioner and the respondent are spouses and their marriage was solemnized on 27.06.1988. Out of wedlock, they have a son and a daughter. Due to some misunderstanding, they are living separately. The petitioner has filed HMOP.No.68 of 2016 before the Additional Subordinate Court, Thanjavur, seeking a divorce against the respondent. The respondent has filed M.C.No.7 of 2016 before the Judicial Magistrate Court, Thiruvaiyaru, seeking maintenance U/s.125 of the Cr.P.C. from the