Criminal Miscellaneous Petition seeking interim direction to withdraw Rs. 9 lakhs deposited by respondent as maintenance arrears. Court permitted withdrawal without directing immediate payment from that deposit.
Petitioners permitted to withdraw amount of Rs. 9,00,000/- lying in credit of M.C.No.30 of 2014 by filing appropriate petition.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Sixteenth day of November Two Thousand Twenty One
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA
CRIMINAL MISCELLANEOUS PETITION No.11520 of 2021
IN CRL.R.C.No.756 of 2021
1 LATHA @ SHREE LATHA [ PETITIONERS ]
2 MINOR, HASHVA MITHRAN MINOR REP BY HIS MOTHER AND NATURAL GUARDIAN LATHA @ SHREE LATHA
Vs
D.SURENDRAN [ RESPONDENT ]
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an interim order directing to pay the 1st petitioner for herself and the 2nd petitioner/minor child, Rs.9 lakhs deposited by the respondent towards part of arrears of maintenance lying to the credit of M.C.NO. 30/2014 on the file of the learned Chief Judicial Magistrate, Tiruppur, pending disposal of the above Crl.R.C.756 of 2021 and thus render justice.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.P.M.DURAISWAMY, Advocate for the Petitioners the court made the following order:-
This Criminal Miscellaneous Petition has been filed seeking interim direction to pay the petitioners, a sum of Rs.9,00,000/(Rupees Nine Lakhs) deposited by the respondent towards part of arrears of maintenance amount lying in the credit of M.C.No.30 of 2014 on the file of the Chief Judicial Magistrate, Tiruppur, pending disposal of the Criminal Revision Petition.
"7. In enacting section 24, a special provision is made for ordering interim maintenance and the expenses of litigation to be provided for the contesting husband and wife if he or she had no independent sufficient income. The very purpose of an order under section 24 would be frustrated if the matter of granting interim maintenance and of providing the requisite expenses for the conduct of the proceedings itself is deferred till the final stage of the
proceeding. The direction for interim alimony and expenses of litigation under section 24 is one of urgency and it must be decided as soon as it is raised and then only the other matters in controversy can be gone into. The object of section 24 is to provide a monthly income and expenses of the litigation to an indigent spouse to enable it to prosecute or defend the proceeding under the Act and the law sees that nobody is disabled from prosecuting or defending the matrimonial case by starvation or lack of funds. It is true that the Court exercises wide discretion in the matter of granting maintenance pendente lite, but the discretion is judicial and not arbitrary and capricious. In my opinion, therefore, the Family Court was in error in rejecting the interim application of the wife."
-sd/-
16/11/2021
This order, on being produced, be punctually observed and carried into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR.
+1 C.C. to M/S.P.M.DURAISWAMY Advocate on payment of necessary charges SR.NO.12844
in CRL MP.11520/2021 in CRL RC.756/2021
Date :16/11/2021
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
JPA 23/11/2021
1 issue framed by the court
Whether petitioners should be permitted to withdraw deposited maintenance arrears pending disposal of the criminal revision petition.
Colour shows how this judgement treated each authority
Smt. Sushila Viresh Chhadva vs Viresh Nagshi ChhadvaReferred¶18
Smt. Sushila Viresh Chhadva vs Viresh Nagshi Chhadva (1995 SCC OnLine Bom 315) · Who else cites this
Latha @ Shree Latha
Hashwa Mithran (Minor)
D. Surendran
A. D. Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
