Siddhanantham @ A.S.Anand vs Thirupura Bhuvaneswari
2022 Latest Caselaw 10805 Mad

Citation : 2022 Latest Caselaw 10805 Mad
Judgement Date : 22 June, 2022

Madras High Court

Siddhanantham @ A.S.Anand vs Thirupura Bhuvaneswari on 22 June, 2022

                                                                             Crl.O.P.No.18019 of 2020




                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 22.06.2022

                                                           CORAM:

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                  Crl.O.P.No.18019 of 2020
                                                            and
                                                  Crl.M.P.No.7067 of 2020

                     Siddhanantham @ A.S.Anand                                    ...Petitioner

                                                             Vs.
                     Thirupura Bhuvaneswari                                       ...Respondent

                     PRAYER: Criminal Original Petition is filed under Section 482 of
                     Cr.P.C., to call for the records relating to CMP No.58 of 2019 in MC
                     No.12 of 1992 on the file of the Family Court, Villupuram, (Old Case
                     No. Crl.M.P.No.12 of 1992 on the file of the Judicial Magistrate-III,
                     Villupuram) and quash the same.
                                          For Petitioner   : Mr.S.C.Vishwanath
                                          For Respondent : Mr.A.S.Baradhi

                                                         ORDER

This Criminal Original Petition has been filed to call for the

records relating to CMP No.58 of 2019 in MC No.12 of 1992 on the file

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18019 of 2020

of the Family Court, Villupuram, (Old Case No. Crl.M.P.No.12 of 1992

on the file of the Judicial Magistrate-III, Villupuram) and quash the same.

2. Learned Counsel for the petitioner would submit that the

petitioner is the husband and the respondent is the wife. They got

separated and also divorce granted in favour of the petitioner. While,

being so, the respondent filed the petition in MC No.12 of 1992 under

Section 125 of Cr.P.C., seeking maintenance for her and her two minor

children in MC No.12 of 1992. The trial Court ordered maintenance in

favour of the respondent herein and her two minor children at Rs.200/-

for the respondent and Rs.75/- each to the two minor children and totally

Rs.350/- as monthly maintenance payable by the petitioner herein by an

order dated 14.06.1993.

3. However, the respondent did not file any petition under Section

128 of Cr.P.C., to enforce the order of maintenance passed under Section

125 of Cr.P.C. After a period of 26 years from the date of the order of

maintenance, the respondent filed a petition in CMP No.58 of 2019 in

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18019 of 2020

MC No.12 of 1992 on the file of the Family Court, Villupuram is not

maintainable.

4. Learned counsel for the petitioner also submitted that the

children were maintained by the petitioner and they got married on the

expense of the petitioner herein. The respondent is also living in the

house stands in the name of the petitioner's mother. In fact, the

respondent is also maintained by her two children. That apart, the order

of maintenance passed under Section 125 of Cr.P.C., cannot be executed

after a period of 26 years. In support of his contention, he has also relied

on the Judgment of the Hon'ble Supreme Court in the case of 'Rajnesh

Vs Neha and Another reported in CDJ2020 SC 809', in which the

Hon'ble Supreme Court has held with regards to Enforcement/Execution

of orders of maintenance that,

“ ... an order or decree of maintenance may be enforced under Section 28A of the Hindu Marriage Act, 1956; Section 20(6) of the D.V.Act; and Section 128 of Cr.P.C, as may be applicable. The order of maintenance may be enforced as a

https://www.mhc.tn.gov.in/judis Crl.O.P.No.18019 of 2020

money decree of a civil court as per the provisions of the CPC, more particularly under Sections 51, 55, 58, 60 r.w. Order XXI...”

5. Therefore, the present petition seeking enforcement of the

maintenance order under Section 128 of Cr.P.C is clearly barred by

limitation. That apart, the respondent is living in the house owned by the

petitioner's mother and she is also maintained by her two children.

6. In view of the above, this Criminal Original Petition stands

allowed and as a sequel, the petition filed under Section 128 of Cr.P.C.,in

CMP No.58 of 2019 in MC No.12 of 1992 on the file of the Family

Court, Villupuram, (Old Case No. Crl.M.P.No.12 of 1992 on the file of

the Judicial Magistrate-III, Villupuram) is quashed. Consequently, the

connected Miscellaneous Petition is closed.