Madras High Court
G.Sudakar vs Lakshmi Priya on 6 September, 2022
Crl.RC.No.1302 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.09.2022
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Criminal Revision Case No.1302 of 2022
G.Sudakar ... Petitioner
Vs.
1.Lakshmi Priya
2.Minor Ritwick Surya
D/o.G.Sudakar
(Minor Rep by her
mother and Natural Guardian
Lakshmi Priya, 1st respondent herein) ...Respondents
Prayer: Criminal Revision filed under Section 397 read with 401 of
Criminal Procedure Code, praying to allow the above Criminal R.C. By
setting aside the order dated 28.03.2018 passed in CMP No.7 of 2018 in
CMP No.154 of 2015 in M.C.No.200 of 2011 on the file of the Additional
Principal Family Court, Coimbatore.
For Petitioner : Mr.K.Govi Ganesan
For Respondents : Mr.R.Chandrasekaran
1
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Crl.RC.No.1302 of 2022
ORDER
The Criminal Revision case has been filed seeking to set aside the
order dated 28.03.2018 passed in CMP No.7 of 2018 in CMP No.154 of
2015 in M.C.No.200 of 2011 on the file of the Additional Principal Family
Court, Coimbatore.
2. The petitioner is husband and the respondents are his wife and
daughter respectively. The marriage between the petitioner and the 1st
respondent took place on 13.03.2009. After the marriage the
petitioner/husband left to USA leaving the 1st respondent wife in India on
the false assurance that she would be taken to USA after some time which
was deviated by him. Thereafter, with sincere efforts the 1st respondent was
able to step into the family of procreation to lead wedded life with the
petitioner/husband and out of their wedlock, a girl child/the 2nd respondent
was born to them in the year 2009. Thereafter, due to the torture, ill
treatment and cruelty, the 1st respondent wife was forcibly sent back to India
and resided with her parents at Coimbatore by managing herself with great
difficulty. Thereafter, the 1st respondent wife filed a petition for restitution
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Crl.RC.No.1302 of 2022
of conjugal rights in HMOP No.30/2012 and a petition in M.C.No.200 of
2011 seeking maintenance before the Principal Family Court, Coimbatore.
During the pendency of the said case, the 1st petitioner filed a petition in
C.M.P.No.154 of 2015 seeking interim maintenance. The Family Court, by
order dated 07.12.2016, allowed the petition in part by directing the
petitioner/husband to pay a sum of Rs.10,000/- per month to the 1st
respondent wife and a sum of Rs.20,000/- per month to the 2nd respondent
minor daughter and in total Rs.30,000/- per month towards interim
maintenance from the date of Interim maintenance petition. However, since
the petitioner/husband did not pay the maintenance amount, the 1st
respondent/wife filed a petition in C.M.P.No.7 of 2018 on the file of the
Additional Principal Family Judge, Coimbatore for execution of the interim
maintenance, ordered in C.M.P.No.154 of 2015 and prayed to issue an order
of arrest of the petitioner/respondent and detain him in prison. The Family
Court, after hearing the arguments, found that the petitioner/husband has
sufficient means to pay the maintenance pendente lite ordered by this Court.
The respondent in spite of having sufficient means, failed to make any
payment except Rs.15,000/- that too misrepresenting the order of the High
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Crl.RC.No.1302 of 2022
Court is found to have neglected the payment willfully and wantonly.
Hence, the Family Court on 20.08.2018 ordered to restraint of the
petitioner/husband in prison and ordered to arrest by 02.05.2018.
Subsequently, the final judgement was passed in the maintenance case in
M.C.No.200 of 2011 on 28.03.2018. Now, challenging the interlocutory
order dated 20.08.2018 passed in the C.M.P.No.7 of 2018, the
petitioner/husband has filed the present revision before this Court.
3. The learned counsel for the petitioner submitted that the main case
in M.C.No.200 of 2011 itself was dismissed as against the 1st respondent
herein on 28.03.2018 and therefore, the interim order passed in
C.M.P.No.154 of 2015 merges with the main order and has no validity after
the order was passed in the maintenance case.
4. Heard the learned counsel on either side and perused the materials
on record.
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Crl.RC.No.1302 of 2022
5. A perusal of the records shows that the impugned order is passed in
the year 2018 and subsequent to the impugned order, the Maintenance Case
has also been disposed of in the year 2018 itself.
6. It is settled proposition of law that any interlocutory order passed in
the interlocutory application or Miscellaneous Petition, will merge with the
final judgment/order and no interlocutory order will stand subsequent to the
disposal of the main case. But the petitioner still challenging the
interlocutory order. Further the petitioner/husband has not paid the amount
as ordered by the Court below, which clearly shows that the act of the
petitioner is nothing but an abuse of process of law.
7. Therefore considering the conduct of the petitioner and nature of
order passed by the Court below, this Criminal Revision case is dismissed
with exemplary cost of Rs.50,000/-.
06.09.2022
ksa-2
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Crl.RC.No.1302 of 2022
P.VELMURUGAN,J.
ksa-2
To
The Additional Principal Family Court,
Coimbatore.
Criminal Revision Case No.1302 of 2022
06.09.2022
https://www.mhc.tn.gov.in/judis
