Madras High Court
A.Prabakaran vs Jeyapraba on 18 April, 2023
Crl.R.C.No.113 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2023
CORAM
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
CRL.R.C.NO.113 OF 2023
A.Prabakaran ... Petitioner
Vs.
1.Jeyapraba
2.Meena
3.Swetha ... Respondents
PRAYER: Criminal Revision Petition filed under Section 401 Cr.P.C., to set
aside the order passed in C.M.P.No.2362/2021 in M.C.No.1/2019 dated
10.10.2022 on the file of the District Munsif cum Judicial Magistrate,
Ranipet.
For Petitioner : Mr.N.Umapathi
For Respondent : Notice served – No appearance
ORDER
Notice sent to the respondents has been served and their names
are also printed in the cause list. However, there is no appearance on behalf of
the respondents.
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Crl.R.C.No.113 of 2023
2.Heard the submissions made by the learned counsel for the
petitioner.
3.The learned counsel for the petitioner submits that the first
respondent is the wife of the petitioner herein. The first respondent filed a
petition against the petitioner herein, for maintenance, under Section 125(1)
Cr.P.C., in M.C.No.1 of 2019 on the file of District Munsif cum Judicial
Magistrate, Ranipet. However, the Trial Court passed an exparte order
directing the petitioner herein to pay a monthly maintenance of Rs.30,000/-
on or before the 5th day of every calendar month. Subsequently, the petitioner
filed a petition under Section 126(3) Cr.P.C. in CMP No.2362 of 2021 in
M.C.No.1 of 2019 to set aside the exparte order. The Trial Court, without
considering the contention of the petitioner that he suffered COVID – 19 in
the month of August 2021, dismissed the same on 10.10.2022, which is
under challenge in this Criminal Revision Case.
4.The learned counsel for the petitioner further submits that
sufficient opportunity has to be given to the petitioner / husband to file his
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Crl.R.C.No.113 of 2023
statement of assets and liabilities, as held in the various judgments of the
Hon'ble Supreme Court and also, the matter may be decided on merits and
reasonable amount of maintenance has to be fixed, after considering his side
evidence. Therefore, he seeks to set aside the impugned order.
5.I have considered the submission made by the learned counsel
for the petitioner.
6.On perusal of the records, the fact reveals that the first
respondent is the wife of the petitioner herein and she filed a petition against
for maintenance under Section 125(1) Cr.P.C., in M.C.No.1 of 2019 on the
file of District Munsif cum Judicial Magistrate, Ranipet. However, the Trial
Court passed an exparte order directing the petitioner herein to pay a monthly
maintenance of Rs.30,000/- on or before the 5th day of every calendar month.
The petitioner filed a petition under Section 126(3) Cr.P.C. in CMP No.2362
of 2021 in M.C.No.1 of 2019 to set aside the exparte order. The Trial Court,
without considering his contention that he suffered COVID - 19 in the month
of August 2021, dismissed the petition on 10.10.2022.
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Crl.R.C.No.113 of 2023
7.It is not disputed that the maintenance order passed by the
learned Trial Judge in M.C.No.1 of 2019 is an exparte order. Further, the
assets and liabilities of the parties are not filed before the Trial Court and the
same was not considered by the Trial Court while passing exparte order.
Under these circumstances, this Court is inclined to set aside the impugned
order passed by the Trial Court.
8.Accordingly, the impugned order dated 10.10.2022 passed in
C.M.P.No.2362 of 2021 in M.C.No.1/2019 by the learned District Munsif
cum Judicial Magistrate, Ranipet is set aside and the matter is remitted to the
Trial Court. The Trial Court is directed to take up the case in M.C.No.1 of
2019 and receive the statement of assets and liabilities from the parties and
thereafter arrive at a reasonable quantum of maintenance upon the evidence
adduced by both the parties. Further, the Trial Court is directed to decide the
matter on merits and in accordance with law and dispose of the same within a
period of three months from the date of receipt of a copy of this order.
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Crl.R.C.No.113 of 2023
9.In fine, the Criminal Revision Case is allowed.
18.04.2023
Internet : Yes/no
TK
To
The District Munsif cum Judicial Magistrate
Ranipet.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.113 of 2023
V.SIVAGNANAM, J.
TK
CRL.R.C.NO.113 OF 2023
18.04.2023
https://www.mhc.tn.gov.in/judis
