Madras High Court
G.Rajendran vs Mrs.Uma Maheswari on 2 December, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 02/12/2022
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.RC(MD)No.259 of 2021
G.Rajendran : Petitioner/Petitioner/
Respondent
Vs.
1.Mrs.Uma Maheswari
2.Minor Thivyadharshani
3.Minor Pradeesh
4.Minor.Sanjana
(R2 to R4 represented by
the mother and the natural guardian
R1) : Respondents/Respondents/
Petitioners
Prayer:- This Criminal Revision has been filed
under section 397 r/w 401 of the Criminal Procedure Code,
to call for the records pertaining to the impugned order
passed in Cr.MP No.246 of 2019 in MC No.58 of 2017,
dated 12/02/2021 on the file of the Family Court,
Tirunelveli and set aside the same.
https://www.mhc.tn.gov.in/judis
2
For Petitioner : Mr.I.Pinaygash
For Respondents : Mr.P.Alwin Balan
O R D E R
This criminal revision has been filed against the
order passed in Cr.MP No.246 of 2019 in MC No.58 of 2017,
dated 12/02/2021 by the Family Court, Tirunelveli.
2.The facts in brief:-
The marriage between the husband and wife took
place, on 10/07/2011 in Tirunelveli Town as per their
customary rites. At the time of marriage, it was informed
that the husband is working in abroad and he will take
the wife to abroad after the marriage. After the
marriage, they lived in the matrimonial home. At that
time, the husband was not taking care of the wife
properly. At the instance of his parents and his
relatives, she was harassed and ill-treated. As stated
before the marriage, the husband was not working in
abroad and stating that he is going to put up a shop, her
jewels were received regularly. In the meantime, on
05/06/2012, a female child was born. Even after the birth
of the child, the husband was not taking proper care.
https://www.mhc.tn.gov.in/judis
Even though, the wife was very patient, the husband has
not corrected himself. He is also running a beauty
parlour for men and earning Rs.60,000/- per month.
3.Because of the continuous ill-treatment and
trouble, the wife arranged a separate house by utilizing
the parents money and started living there and the
husband was staying in Kaliyakavilai and used to come
once in a week, even she was not taking proper care. So
because of the above said continuous issue, she lodged a
complaint, on 12/05/2017 before the Tirunelveli All Women
Police Station. In the enquiry, an undertaking was given
by the husband that he will take proper care. On
27/09/2017, she went to Kaliyakavilai and met the
husband and requested him to provide money. But he
refused and she was also assaulted. Again, on 28/09/2017,
her husband family members have also assaulted her and
she was driven out of the house and they also locked the
house. Now she is living in her parental home. Seeking
maintenance of Rs.10,000/- for herself and Rs.5,000/-
each for the maintainable of her three children, she
filed the above said petition.
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4.In spite of appearance before the trial court,
later the husband remained absent. So, an ex-parte order
was passed by the trial court, directing the husband to
pay a sum of Rs.11,000/- in total to the respondents.
5.Later, the husband filed Cr.MP No.246 of 2019 to
set aside the ex-parte order. That was also dismissed, on
12/02/2021. Challenging the same, this criminal revision
has been filed.
6.Heard both sides.
7.The learned counsel appearing for the petitioner
would submit that the petitioner was appearing before the
trial court regularly as well as in the DVC proceedings.
On a particular day, he was not appearing before the
concerned court. Because of that only, an ex-parte order
was passed. Even now, he is ready to take the respondents
to the matrimonial home. So on that ground, the matter
was referred to the Mediation and Conciliation Centre,
attached to this Bench and in the mediation, there was no
settlement. So, the matter was referred back to the
court.
https://www.mhc.tn.gov.in/judis
8.Even at that time of admitting the revision, the
petitioner was directed to deposit 50% of the arrears of
the maintenance amount and payment of regular maintenance
amount. It was submitted before this court that he
already deposited Rs.1,00,000/- before the concerned
court and the monthly maintenance was also regularly
paid. So on that ground, the learned counsel appearing
for the petitioner requested that the above said ex-parte
order may be set aside and the matter also be remitted
back to the trial court for fresh consideration.
9.Per contra, the learned counsel appearing for
the respondents would submit that the order of this court
was not properly complied by depositing 50% of the
arrears amount. As on date, Rs.5,83,000/- is due. On
that ground, he made strong objection.
10.With regard to income, it has been submitted by
the husband that he is not earning as much as mentioned
in the petition. He would further submit that when a good
cause is shown, the ex-parte order ought to have been set
aside and for that purpose, he would rely upon the
judgment of the Karnataka High Court reported in the case
https://www.mhc.tn.gov.in/judis
of Suryakanth Vs. Smt. Allamaprabhu alias Allawwa (2000
CRI.LJ.120).
11.No doubt that the ex-parte proceedings must be
avoided as far as possible. Here, the husband was
regularly appearing in DVC court. But he did not appear
before the trial court, so an ex-parte order has been
passed. Even before this court, he has not properly
complied the conditional order.
12.But however, in the facts and circumstances of
the case, I am of the considered view that a direction
may be issued to the petitioner. Accordingly, this
criminal revision is disposed of on condition that the
petitioner shall deposit 50% of the arrears amount before
the trial court within a period of 15 days from the date
of receipt of a copy of this order. If the above said is
deposited, then the trial court shall restore the MC No.
58 of 2017 on its file and dispose of the same, by giving
reasonable opportunity to both sides, within a period of
three months from the date of restoration.
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13.With the above said direction, this revision
stands disposed of, failing which to comply the above
said condition, the order that has been passed in this
revision will stand automatically cancelled without
reference to this court.
02/12/2022
Index:Yes/No
Internet:Yes/No
er
To,
The Family Court,
Tirunelveli.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J
er
Crl.RC(MD)No.25 of 2020
02/12/2022
https://www.mhc.tn.gov.in/judis
