This Criminal Original Petition has been filed to direct the Family Court, Madurai to consider the surrender application of the petitioner on the same day against the non-bailable warrant issued on 25.01.2017 in M.C.No.72 of 2009.
2.Heard the learned Counsel appearing for the petitioner, the learned Government Advocate(Criminal side) appearing for the respondent.
3.It is the case of the petitioner that the petitioner's wife, one Amsath Rani has filed the maintenance case against the petitioner for herself and her minor daughter. Since the petitioner was not able to attend the case on the date of hearing on 25.01.2017, the learned Family Judge, Madurai, issued Non-Bailable Warrant against the petitioner. The non-appearance on the date of hearing of the petitioner is not willfull nor wanton. Hence the petitioner has filed this petition to consider the surrender application of the petitioner on the same day by the learned Family Judge, Madurai.
4.Considering the facts and circumstance of the case, this Court is inclined to allow this petition and the learned Family Court, Madurai is directed to consider the surrender application of the petitioner and pass orders on the same day against the non-bailable warrant issued on 25.01.2017 in M.C.No.72 of 2009.
7.Accordingly, the Criminal Original petition is allowed.
To
1.The Inspector of Police, Uthamapalayam Police Station, Theni District.
2.The Family Court, Madurai.