K.v.Palanivel Vs Minor Nandhini — Madras HC (2025) — LawSathi Research

K.v.Palanivel Vs Minor Nandhini — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Modification of the payment conditions granted: petitioner to pay Rs.2,00,000/- within four weeks, balance Rs.50,000/- within one month thereafter, continue monthly maintenance of Rs.10,000/-, and pay 12-month arrears of Rs.1,20,000/- within two weeks; on any default the interim order stands vacated and the respondent may seek execution of the order impugned.

Issue for consideration

Whether the conditions imposed on the petitioner in the order dated 30.01.2025 in Crl.MP.No.1405 of 2025 (payment of Rs.2,50,000/- arrears of maintenance in two instalments and monthly maintenance of Rs.10,000/-) should be modified, notwithstanding the petitioner's admitted non-compliance.

Ratio / Principle

Although the earlier order stipulated that non-compliance would result in vacation of the interim order, this Court grants the petitioner one more chance considering the request made.

Key takeaways

The petitioner shall pay the respondent Rs.2,00,000/- (Rupees Two Lakhs Only) within four weeks from receipt of the copy of the order.ratio¶20
The petitioner shall pay the balance of Rs.50,000/- (Rupees Fifty Thousand Only) within one month thereafter and shall continue to pay monthly maintenance of Rs.10,000/- (Rupees Ten Thousand Only) every month.ratio¶20
Since the petitioner had not paid monthly maintenance of Rs.10,000/- since 30.01.2025, he shall pay arrears for the past 12 months, i.e., Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand Only), within two weeks from receipt of a copy of the order.

Detailed headnote1 paragraphs

Maintenance — Modification of conditions of interim stay — Petitioner in Crl.RC.No.183 of 2025 had been granted interim stay by order dated 30.01.2025 in Crl.MP.No.1405 of 2025 on condition of paying Rs.2,50,000/- towards arrears of maintenance in two instalments and monthly maintenance of Rs.10,000/-; petitioner admittedly failed to comply, though the earlier order warned that the interim order would stand vacated on default. Granting one more chance on request, the Madras High Court (Sunder Mohan, J.) modified the conditions: Rs.2,00,000/- within four weeks, balance Rs.50,000/- within one month thereafter, continued monthly maintenance of Rs.10,000/-, and additionally arrears of monthly maintenance for the past 12 months amounting to Rs.1,20,000/- within two weeks. On failure to comply with any direction, the interim order shall stand vacated and the minor respondent, through her natural guardian, may seek execution of the order impugned.

Crl.M.P.No.23357 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.12.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

Crl.M.P.No.23357 of 2025 in Crl.RC.No.183 of 2025

K.V.Palanivel ... Petitioner

Vs.

Minor. Nandhini ... Respondent

For Petitioner : Mr.M.Saravanakumar

ORDER

This Criminal Miscellaneous Petition has been filed seeking modification of the condition imposed upon the petitioner in Crl.MP.No.1405 of 2025 dated 30.01.2025, wherein this Court has granted interim stay on the condition that the petitioner pays a sum of Rs.2,50,000/- towards arrears of maintenance and permitted the petitioner to pay the said sum in two instalments besides directing the petitioner to pay monthly maintenance of Rs.10,000/-.

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Admittedly, the petitioner has not complied with the said order.

Though this Court in the earlier order has stated that if the petitioner fails to comply with the order, the interim order stands vacated, this Court is inclined to grant one more chance to the petitioner considering the request made.

Accordingly, this Criminal Miscellaneous Petition is ordered as

follows:

(i) The petitioner shall pay to the respondent a sum of Rs.2,00,000/[Rupees Two Lakhs Only] within a period of four weeks from the date of receipt of the copy of this order and the balance sum of Rs.50,000/- [Rupees Fifty Thousand Only] within a period of one month thereafter and shall continue to pay Rs.10,000/- [Rupees Ten Thousand Only] every month.

(ii) Since the petitioner had not paid the monthly maintenance of Rs.10,000/- since 30.01.2025, he shall pay the arrears for the past 12 months i.e., Rs.1,20,000/- [Rupees One Lakh and Twenty Thousand Only] within a period of two weeks from the date of receipt of a copy of this order.

(iii) If the petitioner fails to comply with any of the above directions, the interim order shall stand vacated; and the respondent who is represented 2/4

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Crl.M.P.No.23357 of 2025

by her natural guardian would be at liberty to seek execution of the order impugned in this case.

05.12.2025

Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No sma/ars

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SUNDER MOHAN, J.

sma/ars

Crl.M.P.No.23357 of 2025 in Crl.RC.No.183 of 2025

05.12.2025

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