Madras High Court
Dr.R.K.Rajendra Kumar vs Chelvi on 10 June, 2022
Crl.R.C.Nos.281 and 253 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.Nos.281 and 253 of 2022
Dr.R.K.Rajendra Kumar .. Petitioner
(in both Crl.R.Cs)
Versus
1. Chelvi
2. R.Pooja Kanmani .. Respondents
(in both Crl.R.Cs)
Prayer in Crl.R.C.No.281 of 2022: Criminal Revision Case is filed under
Section 397 r/w 401 of Cr.P.C., to set aside the order, dated 18.09.2021
made in M.P.No.1195 of 2019 in M.P.No.98 of 2017 in M.C.No.201 of
2009 on the file of the III Additional Principal Family Court at Chennai by
allowing this Criminal Revision Petition.
Prayer in Crl.R.C.No.281 of 2022: Criminal Revision Case is filed under
Section 397 r/w 401 of Cr.P.C., to set aside the order, dated 18.09.2021
made in M.P.No.543 of 2016 in M.C.No.201 of 2009 on the file of the III
Additional Principal Family Court at Chennai by allowing this Criminal
Revision Petition.
For Petitioners : Mr.R.T.Vishnu
(in both Crl.R.Cs)
For Respondent : Mr.J.Ravi Kumar
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.281 and 253 of 2022
(in both Crl.R.Cs)
COMMON ORDER
Crl.R.C.No.281 of 2022 is filed against the order, dated 18.09.2021 in
M.P.No.1195 of 2019 in M.P.No.98 of 2017 in M.C.No.201 of 2009,
whereby, the prayer of the petitioner, to restore the condonation of delay
application in filing the set exparte order in the Maintenance Case is
rejected. Crl.R.C.No.253 of 2022 is filed against the order, dated
18.09.2021 in M.P.No.543 of 2016 in M.C.No.201 of 2009, whereby, the III
Additional Principal Family Court at Chennai had ordered arrest for non-
payment of arrears. Since, both the Revision Cases relate to the same matter
of payment of maintenance by the petitioner to his wife and minor daughter,
they are taken up and disposed off together by this common order.
2. The petitioner has also not complied with the conditional order
imposed by this Court. It is seen that the exparte judgment was passed on
13.12.2011 and more than ten years have lapsed, there are arrears
amounting to Rs.42,50,000/- as on date.
3. The learned Counsel for the petitioner would confirm that so far,
only a sum of Rs.5,00,000/- have been paid. This is a case where repeatedly
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.281 and 253 of 2022
applications are being filed on behalf of the petitioner, without making any
payment. Even before this Court, the learned Counsel for the petitioner, on
instructions, would submit that since the properties are attached and some of
the properties are being acquired, the petitioner is not in a position to sell
his property and pay the amount.
4. It is further submitted that he is not even in the profession of
Doctor, even though in the cause title, he himself describes as
Dr.K.Rajendra Kumar, M.D. Suffice it to say that the petitioner, inspite of
the order, does not want to pay the maintenance. Further to challenging his
wife and minor daughter, now the petitioner is escalating the challenge to
the legal process itself.
5. Both the Revision Cases are absolute abuse of process of law and
therefore, are dismissed on the following terms:-
(i) The petitioner is further directed to pay monthly maintenance
from this month i.e., from June, 2022;
(ii) The petitioner is also directed to pay the arrears in a phased
manner in any event not later than six months from today;
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Crl.R.C.Nos.281 and 253 of 2022
(iii) However, if the petitioner does not pay the current month's
maintenance within ten days from the date of receipt of the copy of this
order and the monthly maintenance of future months on or before the fifth
day of every succeeding English Calendar month or the petitioner does not
pay the entire arrears within the period as mentioned above, apart from the
Trial Court proceedings, further, to execute a warrant, it will also be open
for the respondents to bring the disobedience to this Court by way of
appropriate proceedings;
(iv) The respondents will also be entitled for costs of Rs.10,000/-
each, in respect of these petitions
(v) Consequently, Crl.M.P.Nos.2819 and 2554 of 2022 are closed.
10.06.2022
Index : yes/no
Speaking/Non-speaking order
grs
To
The III Additional Principal Family Court,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.281 and 253 of 2022
D.BHARATHA CHAKRAVARTHY, J.,
grs
Crl.R.C.Nos.281 and 253 of 2022
10.06.2022
https://www.mhc.tn.gov.in/judis
