Madras High Court
M.Rajeshkumar vs Padmapriya on 10 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.3380 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.3380 of 2025
and Crl.M.P.No.2221 of 2025
M.Rajeshkumar ... Petitioner
Vs
Padmapriya ... Respondent
PRAYER: Criminal Original Petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, 2023, to set aside the order of
payment of 25 percent of maintenance amount dated 08.01.2025 in
M.P.No.2 of 2024 in Crl.A.128 of 2024 on the file of Hon'ble Principal
Dristict Court, Thiruvannamalai.
For Petitioner : Mr.G.S.Prabu
ORDER
This petition has been filed to set aside the order of payment
of 25 percent of maintenance amount dated 08.01.2025 in M.P.No.2 of
2024 in Crl.A.128 of 2024 on the file of Principal Dristict Court,
Thiruvannamalai.
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2. Heard the learned counsel for the petitioner and perused the
materials available on record.
3. The petitioner is the husband of the respondent herein. They
got married and due to domestic violence, the respondent herein got
separated from the petitioner. She lodged a complaint under the
Domestic Violence Act in DVC.No.29 of 2019, on the file of the
Additional Mahila Court, Thiruvannamalai. The Trial Court awarded
maintenance and also protection to the respondent. Aggrieved by the
same, the petitioner preferred an appeal in Crl.A.No.44 of 2022 before
the appellate Court and the same was dismissed, confirming the order
passed in DVC.No.29 of 2019.
4. In view of the same, the respondent filed a petition under
Section 31 of DV Act to execute the order passed in DVC.No.29 of 2019.
After enquiry, the Trial Court convicted the petitioner and sentenced him
to undergo six months simple imprisonment. That apart, on the date of
Judgment, the petitioner was absent and as such, Non-Bailable Warrant
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was issued as against the petitioner. Aggrieved by the same, the
petitioner preferred an appeal in Crl.A.No.128 of 2024 and also filed a
petition for suspension of sentence in M.P.No.2 of 2024, before the
Principal Sessions Judge, Tiruvannamalai. By an order dated 08.01.2025,
the appellate Court suspended the sentence imposed by the Trial Court,
on condition that the petitioner shall deposit 25% of the arrears of
maintenance as awarded by the Trial Court.
5. The learned counsel for the petitioner would submit that the
condition imposed by the appellate Court is onerous and the petitioner is
not liable to pay any maintenance.
6. As stated supra, already the order of maintenance and
protection were awarded in favour of the respondent in DVC.No.29 of
2019 and the same was also confirmed by the appellate Court.
Accordingly, the petitioner was directed to pay a sum of Rs.15,000/- as
monthly maintenance in favour of the respondent. However, the
petitioner failed to comply with the same and as such, the appellate Court
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had rightly imposed a condition to deposit 25% of the arrears of
maintenance to the credit of the Trial Court, while suspending the
sentence.
7. Therefore, this Court finds no infirmity or illegality in the
order passed in M.P.No.2 of 2024 in Crl.A.128 of 2024 dated 08.01.2025
on the file of Principal Dristict Court, Thiruvannamalai. Accordingly,
this Criminal Original petition is dismissed. Consequently, connected
Miscellaneous petition is closed.
10.02.2025
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
mn
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To
1. The Principal Dristict Court, Thiruvannamalai.
2. The Public Prosecutor,
High Court, Madras.
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G.K.ILANTHIRAIYAN. J,
mn
10.02.2025
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