Madras High Court
Maheshwaran vs Kokila on 17 April, 2025
Crl.R.C.(MD)No.58 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.58 of 2025
and
Crl.M.P.(MD)No.734 of 2025
Maheshwaran ... Petitioner
Vs.
1.Kokila
2.Minor. Hari Krishna
(2nd respondent/minor is represented by 1st
respondent/mother as his natural guardian) ... Respondents
PRAYER : Criminal Revision Case filed under Section 438 r/w 442
B.N.S.S., to call for the records of the learned Family Court Judge,
Dindigul in M.C.No.44 of 2022 and set aside the order dated 30.04.2024.
For Petitioner : No appearance
For Respondents : Mr.M.Mithun
ORDER
This Criminal Revision is directed against the order passed in
M.C.No.44 of 2022 dated 30.04.2024 on the file of the Family Court,
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Dindigul, directing the petitioner to pay monthly maintenance of
Rs.4,000/- to the respondents from the date of petition.
2. Admittedly, the marriage between the petitioner and the first
respondent was solemnized on 22.01.2018 and due to their wedlock, they
were blessed with a son/second respondent herein. Subsequently, due to
some misunderstandings, they are living separately.
3. The first respondent for herself and on behalf of her minor son
has filed a petition under Section 125 Cr.P.C. claiming maintenance. The
learned Judge of Family Court, Dindigul, after conducting enquiry, has
passed the impugned order dated 30.04.2024 directing the petitioner to
pay monthly maintenance of Rs.2,000/- to the first respondent from the
date of petition and Rs.2,000/- to the second respondent from the date of
petition till he attains majority. Aggrieved by the said impugned order,
the present revision came to be filed.
4. It is evident from the records that this Court, while granting
interim stay vide order dated 23.01.2025, directed the petitioner to
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deposit 75% of the arrears of maintenance amount before the trial Court,
on or before 24.02.2025, failing which, the interim stay granted shall
stand automatically vacated and posted the matter on 25.02.2025 for
reporting compliance and when the matter was taken up on 25.02.2025,
at request of the learned counsel appearing for the petitioner, the matter
was adjourned to 07.03.2025 and on 07.03.2025, since there was no
representation for the petitioner, the matter was again adjourned to
20.03.2025. When the mater was taken up on 20.03.2025, the learned
counsel appearing for the petitioner submitted that the petitioner will
comply with the direction of this Court on the next day and hence, the
matter was adjourned to 24.03.2025 and on 24.03.2025, the learned
counsel appearing for the petitioner submitted that he is having Demand
Draft for Rs.20,000/- but not towards the compliance of this Court
direction and hence, this Court vacated the interim stay and adjourned
the matter on 17.04.2025 for orders. When the matter is taken up today
(17.04.2025), there is no representation for the petitioner.
5. The learned counsel appearing for the respondents would submit
that the petitioner has not complied with the order of this Court so far.
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6. It is not in dispute that the first respondent has filed a petition in
H.M.O.P.No.13 of 2022 to dissolve the marriage solemnized between her
and the petitioner before the Family Court, Dindigul, that the petitioner
has filed a petition in H.M.O.P.No.61 of 2023 seeking restitution of
conjugal rights before the Family Court, Dindigul and that the learned
Judge has passed a common order dated 30.04.2024 allowing the petition
filed by the first respondent and thereby dismissed the petition filed by
the petitioner.
7. It is pertinent to note that maintenance case came to be filed in
2022 and the impugned order came to be passed on 30.04.2024.
8. In similar matter, this Court in Permalsamy Vs. Krishnaveni
and other (Crl.R.C.(MD)No.307 of 2020 dated 03.04.2023) had dealt
with the above aspects and the relevant passages are extracted
hereunder:-
“14. At this juncture, it is necessary to refer the order
of the Hon'ble Supreme Court in Kiran Tomar and others
Vs. State of Uttar Pradesh and another, reported in 2022
SCC OnLine SC 1539, wherein, the order of the High Court
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setting aside the judgment of the Family Court was
challenged and the Hon'ble Supreme Court, while setting
aside the order the High Court, has passed an order
directing the second respondent husband to comply with the
interim order already passed by the Family Court on or
before 31.12.2022 to pay the entire arrears of maintenance
payable to the appellants and on compliance of the above
condition, the impugned order of the High Court was
ordered to be set aside and the Criminal Revision was
ordered to be restored, but on the other hand, in the event
that the second respondent husband fails to comply with the
above direction for the payment of arrears of maintenance
by 31.12.2022, the Criminal Revision instituted by the
second respondent shall stand dismissed.
15. As rightly contended by the learned counsel
appearing for the respondents, considering the above, it is
clearly evident that the Court can very well pass conditional
order for the payment of maintenance arrears.
16. Moreover, the Hon'ble Supreme Court in Rajnesh
Vs. Neha and another reported in (2021) 2 SCC 324, while
giving guidelines for the fixation of maintenance amounts,
has specifically held that striking off the defence of the
respondent is an order which ought to be passed in the last
resort, if the Courts find default to be wilful and
contumacious, particularly to a dependant unemployed
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wife, and minor children.
17. It is pertinent to note that the Hon'ble Supreme
Court has pointed out that it is the sacrosanct duty of the
husband to provide financial support to his wife and to the
minor children.
18. The Hon'ble Supreme Court has settled the
position of law that Section 125 Cr.P.C. is a measure of
social justice and is specially enacted to protect women and
children. In Chaturbhuj Vs. Sita Bai reported in (2008) 2
SCC 316, the Hon'ble Supreme Court has specifically
observed that object of the maintenance is to prevent
vagrancy and destitution of the deserted wife by providing
her food, clothing and shelter through a speedy remedy.
19. It is pertinent to note that right to get
maintenance is not only a constitutional rights, but can be
considered as an element of universal human rights. The
very purpose of ordering maintenance is to prevent
vagrancy as a result of strained relationships and to
guarantee that the poor litigating spouse is not crippled as
a result of a lack of funds to defend or prosecute the case.”
9. The legal position above referred is squarely applicable to the
case on hand. In the case on hand also, the petitioner, without complying
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with any order of this Court, has absolutely no right or locus standi to
advance the arguments or to proceed with the main revision case.
10. As already pointed out, though this Court has directed the
petitioner to deposit the 75% of the arrears amount on 24.02.2025, the
petitioner has not even attempted to comply with the said order and more
importantly, he has not even paid single paisa to the respondents.
11. Considering the above, this Court is of the clear view that the
petitioner is not entitled to proceed further. Hence, this Court concludes
that the revision is devoid of merits and the same is liable to be
dismissed.
12. In the result, this Criminal Revision case stands dismissed.
Consequently, connected Miscellaneous Petition is closed. No costs.
17.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
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K.MURALI SHANKAR,J.
csm
To
1.The Judge,
Family Court,
Dindigul.
Order made in
and
Dated: 17.04.2025
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