S. Deenadayalan vs K. Ammu @ Uma Maheswari
2022 Latest Caselaw 14430 Mad

                                                                                Crl.O.P.No.29255 of 2019


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 12.08.2022

                                                        CORAM

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                               Crl.O.P.No.29255 of 2019
                                                         and
                                               Crl.M.P.No.15765 of 2019

                     S. Deenadayalan                                          ... Petitioner


                                                          Vs.


                     K. Ammu @ Uma Maheswari                                  ... Respondent

                     Prayer: Criminal Original Petition is filed under section 482 of Cr.P.C., to
                     set aside the order dated 20.09.2019 made in C.M.P.No.318 of 2018 in
                     MC.No.01 of 2011 on the file of the Judicial Magistrate Court, Arakkonam,
                     Vellore District.


                                     For Petitioner   : No Appearance
                                     For Respondent    : No Appearance




                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                        Crl.O.P.No.29255 of 2019


                                                            ORDER

There is no representation for the petitioner. The order of the Judicial

Magistrate passed in the petition filed under Section 128 of Cr.P.C., for a

garnishee order, to pay the arrears of maintenance is under challenge in this

original petition.

2. From the pleadings, this Court finds that the petitioner herein is

the husband of the respondent, was directed to pay maintenance of

Rs.4,000/- per month (Rs.1,000/- for the petitioner, Rs.2,000/- for two

children and Rs.1,000/- for medical expenses) from 14.02.2011. While so,

for recovery of arrears of maintenance for the period 14.02.2011 to

31.08.2018 a sum of Rs.3,16,000/-, petition was filed and considering the

nature of the relief sought and relying upon the judgment of this Court

rendered in Vaithi Vs. Kanagavalli held that there is no limitation for

recovery of arrears under Section 128 Cr.P.C., and the limitation of 1 year

prescribed is only in respect of action to be initiated under Section 125(3) of

Cr.P.C.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.29255 of 2019

3. Accordingly, trial Court has directed the garnishee to attach the

salary of the petitioner herein as per law, till the arrears of maintenance is

paid.

4. This Court finds no error in the order. Hence, the criminal

original petition stands dismissed. Consequently, connected miscellaneous

petition is closed.

12.08.2022

AT Internet : Yes Index : Yes/No Speaking / Non-speaking

https://www.mhc.tn.gov.in/judis Crl.O.P.No.29255 of 2019

Dr.G.JAYACHANDRAN,J.

AT

To The Judicial Magistrate Court, Arakkonam, Vellore District.

Crl.O.P.No.29255 of 2019 and Crl.M.P.No.15765 of 2019

12.08.2022

https://www.mhc.tn.gov.in/judis