Madras High Court
S.Ilangeethan vs K.Settudurai on 2 January, 2023
Crl.R.C.No.322 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2023
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.322 of 2020
and
Crl.M.P.Nos.3487 and 3489 of 2020
S.Ilangeethan ... Petitioner
Versus
1.K.Settudurai
2.S.Sumathi ... Respondents
Criminal Revision Case filed under Sections 397 and 401 of Criminal
Procedure Code to set aside the order dated 20.08.2019 passed in M.P.No.329
of 2018 in M.C.No.258 of 2014 on the file of the III Additional Family Court,
Chennai.
For Petitioner : Mr.S.Venkata Krishna Kumar
For Respondents : Mr.K.Hari Krishnan
ORDER
The Criminal Revision Case has been preferred against the order dated
20.08.2019 passed in M.P.No.329 of 2018 in M.C.No.258 of 2014 on the file
of the III Additional Family Court, Chennai.
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Crl.R.C.No.322 of 2020
2. The petitioner is the son and the respondents 1 and 2 are his parents.
3. The respondents herein filed a maintenance case in M.C.No.258 of
2014 before the III Additional Family Court, Chennai under Section 125 Cr.P.C
seeking maintenance. Pending maintenance case, the respondents herein filed a
miscellaneous petition in M.P.No.329 of 2018 before the Court below seeking
interim maintenance of Rs.20,000/-per month to each of the respondents. The
learned III Additional Principal Judge, after appreciating the entire materials,
ordered a sum of Rs.10,000/-, to each of the respondents herein per month as
interim maintenance. Aggrieved by the same, the petitioner has filed the present
revision.
4. The learned counsel for the petitioner submitted that the petitioner has
already paid a sum of Rs.1 crore and above to the respondents and he is also
making some payments to the respondent. Now, the petitioner is ready to settle
the matter.
5. Per contra, the learned counsel for the respondents submitted that the
petitioner has not paid any amount to the respondents. Despite having
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Crl.R.C.No.322 of 2020
sufficient means, the petitioner neglected to maintain his parents. Hence, the
respondents filed the maintenance case.
6. Heard the learned counsel for the petitioner and the learned counsel
for the respondents and also perused the materials available on record.
7.It is seen that the maintenance case is pending from the year 2014.
Since the Family Court has not disposed of the maintenance case, the
respondents filed a miscellaneous petition in M.P.No.329 of 2018 before the
Court below seeking interim maintenance. The Court below, after considering
the provisions under Section 125 Cr.P.C., ordered interim maintenance in the
year 2019.
8. The scope of Section 125 Cr.P.C is summary in nature and its object
itself has to be decided within a short span of time, unfortunately, the Family
Court and the learned counsel on either side are protracting the case only to
deviate the procedures as contemplated under Section 125 Cr.P.C. Time and
again, the Hon'ble Supreme Court and this Court issued directions that the
maintenance case should be disposed of on merits within a prescribed time
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Crl.R.C.No.322 of 2020
limit. In the case on hand, the old aged parents are suffering without
maintenance from his own son, who is a Marine Engineer and earning a sum of
Rs.9 lakhs per month. Of course, as a Marine Engineer he is on ship for six
months and in land for six months, however, he is getting sufficient income,
whereas, the respondents are unable to maintain themselves. However, all these
facts can be decided only in the maintenance case.
9.Now, the revision is arising out of the interim maintenance passed in
the interlocutory order. It is settled proposition of law that the revision would
not lie against any interlocutory application/interim order.
10.Admittedly, the relationship between the parties and the financial
status of the petitioner are not in dispute. The respondents are none other than
parents of the petitioner. Further, the petitioner is working as a Marine
Engineer and earning sufficient income. It is a case of the petitioner that the
respondents are able to maintain themselves and despite having sufficient
means to maintain themselves, they have filed maintenance case. However,
both the petitioner and the respondents have not disclosed their assets and
liabilities to ascertain their income. As stated above, all the questions can be
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Crl.R.C.No.322 of 2020
decided only in the main maintenance case not in the interlocutory application
or in the present revision.
11. Taking into consideration the facts and circumstances, this Court
finds that the Family Court ordered a meagre sum of Rs.10,000/- to each of
the respondents and it does not require any interference and there is no merit in
the revision and the same is liable to be dismissed.
12. Accordingly, this Criminal Revision Case is dismissed. The
petitioner is directed to deposit entire arrears amount, if any, within a period of
one month, from today, failing which, the learned Magistrate is directed to
issue warrant and execute the order in accordance with law. Both the parties
are at liberty to file their Affidavit of Assets and Liabilities as stated in the
Enclosure I to III of the judgment in the case of Rajnesh vs. Neha and
another reported in (2021) 2 SCC 324 before the Court below within a period
of three weeks from today. On receipt of the same, the learned Judge, Family
Court is directed to dispose of the maintenance case in M.C.No.258 of 2014
within a period of three months from today. It is made clear that no extension
of time would be granted to dispose of the maintenance case. If the Family
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Crl.R.C.No.322 of 2020
Court do not understand the scope of Section 125 Cr.P.C and to dispose of the
matter within a stipulated time, the same will be viewed seriously.
Consequently, connected miscellaneous petitions are closed.
02.01.2023
Index : Yes/No
Speaking Order/Non Speaking Order
ms
To
The III Additional Principal Judge,
Chennai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.322 of 2020
P.VELMURUGAN, J.
ms
Crl.R.C.No.322 of 2020
and
Crl.M.P.Nos.3487 and 3489 of 2020
02.01.2023
https://www.mhc.tn.gov.in/judis
