Criminal revision against a Family Court order directing payment of maintenance arrears with threat of arrest warrant. The petitioner claimed he had already paid the arrears. The High Court held compliance cannot be examined in revision and dismissed the petition, granting liberty to prove payment before the Trial Court.
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Crl.R.C.No.1575 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.11.2024
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN
Crl.R.C.No.1575 of 2024 and Crl.M.P.No.13122 of 2024
S.Arun
Petitioner
Vs.
1.T.Keerthi
2.A.K.Thapasaya (Minor represented by her Mother and Natural Guardian) . .. Respondents
Prayer: Criminal Revision Petition is filed under Section 397 & 401 of
Cr.P.C. to call for records in Criminal revision Petition in M.P.No.359 of
2024 in M.C.No.53 of 2023 dated 07-08-2024 on the file of the I Additional Family Court at Chennai and set aside the same.
For Petitioner : Mr.M.Sathyakumar
For Respondents : Mr.Repert A.Barnabas
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Crl.R.C.No.1575 of 2024
O R D E R
The revision challenges the order passed in M.P No.359 of 2024 in M.C.No.53 of 2023 dated 07.08.2024 directing the petitioner to pay the arrears of maintenance amount, after deducting the earlier payment made by the petitioner, on or before 05.09.2024, failing which the warrant of arrest will be ordered against the petitioner.
2. The only ground raised by the petitioner in this revision is that the he had already paid Rs.2,27,000/- to the respondents; and that there is misconception regarding the total amount due mentioned in the order; and that he has been paying the monthly maintenance regularly; and as on date there is no arrears of maintenance.
3. Heard the learned counsel for the petitioner as well as respondents and perused the records.
4. On perusal of the records, this court is of the view that the question as to whether the petitioner has complied with the order passed
by the Trial Court cannot be gone into in this revision. It is for the
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Crl.R.C.No.1575 of 2024
petitioner to establish before the Court that he had complied with the order passed by the Trial Court by providing proof of the same. Hence, liberty is given to the petitioner to establish before the Trial Court that he had paid the arrears of maintenance to the respondents. It is needless to say that the court may determine the issue after hearing the respondents.
5. Accordingly, this Criminal Revision Petition is dismissed
confirming the order passed in M.P.No.359 of 2024 in M.C.No.53 of 2023 dated 07-08-2024 by the I Additional Judge, Family Court at Chennai. Consequently, connected Miscellaneous Petition is closed.
28.11.2024
Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No Speaking order/Non-speaking order rgr
To
The I Additional Judge, Family Court at Chennai .
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Crl.R.C.No.1575 of 2024
SUNDER MOHAN, J.
rgr
Crl.R.C.No.1575 of 2024 and Crl.M.P.No.13122 of 2024
28.11.2024
1 issue framed by the court
Whether the revision court could decide if the petitioner had paid the maintenance arrears directed by the Family Court.
2 provisions across 1 enactments
S.Arun
T.Keerthi
A.K.Thapasaya (Minor represented by her Mother and Natural Guardian)
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
