Subramanian vs Usharani
2021 Latest Caselaw 5931 Mad

                                                                               CRP.NPD.No.4336 of 2015


                                IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 05.03.2021

                                                        CORAM

                                THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                               CRP.NPD.No.4336 of 2015
                                                 and MP.No.1 of 2015

                     Subramanian                                             ..Petitioner
                                                         Vs.
                     Usharani                                                ..Respondent

                     PRAYER:
                          The Civil Revision Petition is filed under Article 227 of the

                     Constitution of India against the petition and order of the learned

                     Principal Subordinate Judge, Vridhachalam passed in EP.No.16 of

                     2012 in OS.No.160 of 2008 dated 24.08.2015.

                                       For Petitioner       : Mr.J.Antony Jesus

                                       For Respondent       : Mr.P.Mani

                                                        ORDER

This civil revision petition is directed as against the order of

the learned Principal Subordinate Judge, Vridhachalam passed in

EP.No.16 of 2012 in OS.No.160 of 2008 dated 24.08.2015 thereby

ordering police aid for the execution of warrant as against the petitioner.

2. The petitioner is the respondent in the petition filed by the

http://www.judis.nic.in CRP.NPD.No.4336 of 2015

respondent herein for maintenance. The respondent got married the

petitioner and also gave birth to three children. Thereafter, the petitioner

failed to maintain the respondent and as such she filed petition for

maintenance in OS.No.160 of 2008 and the same was decreed by the

judgment and decree dated 14.09.2011 thereby directed the petitioner to

pay a sum of Rs.3,000/- as monthly maintenance from the date of the

petition. The respondent filed execution petition to execute the decree, in

which the petitioner so far paid partial amount and thereafter failed to pay

monthly maintenance. According to the respondent, EP was filed on

15.12.2011. Till the date of filing the execution petition, there is arrear of

Rs.2,33,049/-. After deducting the subsequent payments by the

petitioner, as of now the arrears come amount Rs.3,63,000/-. According

to the petitioner, while he was working as Conductor, his salary was

deducted a sum of Rs.1,050/- per month. Now, he retired from service

and he only brought up the children born through the respondent herein.

After gave birth to the three children, she left the matrimonial home and

lived with some other person. Now she lost everything and comes to the

petitioner herein.

3. On perusal of the records revealed that the petitioner paid

http://www.judis.nic.in CRP.NPD.No.4336 of 2015

part of the amount as per the decree. As against the decree, the

petitioner failed to file any appeal. Admittedly, there are arrears and now

the petitioner is not paying the monthly maintenance. Therefore, the court

below ordered police aid for execution of warrant as against the petitioner

herein. Therefore, this Court finds no irregularity or infirmity in the order

passed by the court below.

4. Accordingly, this civil revision petition is dismissed. However,

the petitioner is at liberty to approach the execution court by paying

monthly maintenance and also for negotiation with the respondent herein.

Consequently, connected miscellaneous petition is closed. No order as to

costs.

                                                                                       05.03.2021
                     Speaking/Non-speaking order
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                     lok






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                                                               CRP.NPD.No.4336 of 2015




                                                        G.K.ILANTHIRAIYAN,J.

                                                                                 lok


                     To

                     The Principal Subordinate Judge,
                     Vridhachalam




                                                         CRP.NPD.No.4336 of 2015




                                                                        05.03.2021






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