B.Lakshmi vs D.Balasubramanian
2023 Latest Caselaw 12380 Mad

Citation : 2023 Latest Caselaw 12380 Mad
Judgement Date : 13 September, 2023

Madras High Court

B.Lakshmi vs D.Balasubramanian on 13 September, 2023

                                                                               Cont.P.No.1546 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATE: 13.09.2023

                                                      Coram:

                                  THE HONOURABLE MR. JUSTICE P.VELMURUGAN

                                              Cont.P.No.1546 of 2023


                     B.Lakshmi                                           ... Petitioner

                                                        Vs.

                     D.Balasubramanian                                   ... Respondent


                     PRAYER: Contempt petition is filed under Section 11 of the Contempt of

                     Courts Act, to punish the respondent herein for contempt of Court of the

                     orders passed by this Court dated 13.10.2022 in Crl.R.C. No.931 of 2022 in

                     which, the order of the trial Court dated 31.08.2021 in DVC No.423 of 2017

                     and the order dated 20.05.2022 passed in Crl.A.No.150 of 2022 passed by

                     the appellate Court have been merged.



                                         For Petitioner : Mr.R.Thanjan




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                                                                                  Cont.P.No.1546 of 2023

                                                        ORDER

This contempt petition has been filed to punish the respondent

herein for contempt of Court of the orders passed by this Court dated

13.10.2022 in Crl.R.C. No.931 of 2022 in which, the order of the trial Court

dated 31.08.2021 in DVC No.423 of 2017 and the order of the appellate

Court dated 20.05.2022 in Crl.A.No.150 of 2022 have been merged.

2. The petitioner had filed a complaint under the Domestic

Violence Act in DVC No.432 of 2017 on the file of the Metropolitan

Magistrate, Additional Mahila Court, Egmore, Chennai, against her

husband/the respondent herein and the sister of the respondent seeking

protection order, a separate house, maintenance of Rs.40,000/- and to return

the jewels, silver articles and voter ID. The learned Magistrate, after

enquiry, by order dated 31.08.2021, dismissed the petition filed against the

2nd respondent and directed the 1st respondent/husband to pay the expenses

spent towards the 2nd, 3rd and 4th academic year education of the elder

daughter of the petitioner/wife to the tune of Rs.2,10,000/- within a period

of two months from the date of the said order. The trial Court had not

granted any other relief to the petitioner/wife as she was not eligible for the

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said reliefs and dismissed the petition with respect to all other reliefs. The

trial Court had not imposed any cost considering the circumstances of the

case.

3. Challenging the order of the Magistrate, the petitioner had filed

an appeal before the V Additional Sessions Judge, Chennai, in

Crl.A.No.150 of 2021. The learned Sessions Judge, by judgment dated

20.05.2022, allowed the appeal in part in respect of the relief of

maintenance and dismissed the appeal in respect of all other reliefs sought

for by the petitioner/wife and further directed the 1st respondent/husband to

pay a sum of Rs.25,000/- per month towards maintenance for the

petitioner/wife from the date of petition. The operative portion the Judgment

is as follows;

27. In the result, this Criminal Appeal is partly

allowed in respect of the relief of maintenance alone

thereby the order passed by the learned Metropolitan

Magistrate, Mahila Court, Egmore, Chennai, in

D.V.C.No.423 of 2017 dated 31.08.2021 is hereby set

aside in respect of that relief alone and this appeal is

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partly dismissed in respect of all other reliefs thereby

the order passed by the learned Metropolitan

Magistrate in the said order in respect of all other

reliefs are hereby confirmed. Consequently, the 1st

respondent is directed to pay a sum of Rs.25,000/-

(Rupees Twenty Five Thousand Only) per month

towards maintenance for the petitioner from the date

of petition and the monthly maintenance amount

shall be paid to the petitioner on or before 5th day of

every succeeding English Calender month and the

arrears amount of the maintenance as well as the

amount awarded by the learned Metropolitan

Magistrate at Rs.2,10,000/- (Rupees Two Lakh and

Ten Thousand Only) towards Educational fee shall

be paid by the 1st respondent to the petitioner within

a period of three months from this date.

4. Aggrieved by the Judgement of the appellate Court, the

petitioner filed a revision Crl.RC.No.931 of 2022, pressing for shared

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household in the new house, built by the 1st respondent/husband, in which,

this Court, by order dated 13.10.2022, passed the following orders;

11. In this case, the 1st respondent/husband admitted that he has got residence but he has not proved that the petitioner/wife has independent residence and the trial Court as well as the appellate Court also failed to consider the same. The learned counsel for the appellant also pressed only for the shared household and not pressing for the other reliefs.

12. Therefore, the order passed by the appellate Court with respect to the residential right is hereby set aside and the 1st respondent/husband is directed to allot one of the portion of his new house to the petitioner/wife for her accommodation.

5. Now, the petitioner/wife has filed the present contempt petition

stating that the respondent/husband has violated the order of this Court

passed in Crl.RC.No.931 of 2022, dated 13.10.2022.

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6. Heard the learned counsel for the petitioner and perused the

materials available on record.

7. It is settled proposition of law that against an executable order or

degree, the parties who have got the executable order or decree, have to file

a petition for execution before the Court below and instead of filing of

petition for executing the order before the Magistrate, the petitioner has

filed this contempt petition before this Court.

8. According to this Court, the contempt petition is not