Allowed

C.Saravanan v. S.Tamilselvi

Madras HC6 Jan 2025CRL RC/2405/2024

Case brief

AI extract

What is this about?

Revision against a Family Court order imposing a conditional deposit and school fee payment to set aside an ex-parte order in a maintenance case. The court allowed the revision on condition the petitioner pay Rs.2,00,000 towards maintenance arrears within four weeks.

What did the court decide?

Petitioner permitted to contest M.C.No.53 of 2022 on merits upon paying Rs.2,00,000 maintenance arrears within four weeks.

C.Saravanan Vs S.Tamilselvi — Maintenance and Alimony | Madras HC (2025)

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Crl.R.C.No.2405 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.01.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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Crl.R.C.No.2405 of 2024

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C.Saravanan ... Petitioner

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Vs.

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1.S.Tamil Selvi 2.Minor S.Harini

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Represented by her mother S.Tamil Selvi … Respondents

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PRAYER: Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C., to set aside the order dated 10.11.2023 passed in I.A.No.2 of 2023 in M.C.No.53 of 2022 by the learned Family Court, Tiruppur by allowing this revision petition.

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For Petitioner : M r.S.Dharani For Respondents : Mr.M.Dinesh Sharma

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ORDER

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The revision challenges the order passed in I.A.No.2 of 2023 in

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M.C.No.53 of 2022, in which, the petitioner was directed to make a

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conditional deposit of Rs.30,000/- and to pay the school fee of the second

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respondent herein.

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https://www.mhc.tn.gov.in/judis 1/4

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Crl.R.C.No.2405 of 2024

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2.The learned counsel for the petitioner would submit that he has

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not aggrieved by the condition per se but by the impugned order, the learned

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Judge had observed that if the condition is not complied within the stipulated

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period, the order setting aside the ex-parte order would stand vacated

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automatically; that since he could not comply with the conditional order within time, the impugned order stood vacated and therefore he is unable to

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contest the case on merits and he has fair chance of success before the trial

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Court in M.C.No.53 of 2022.

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3.The learned counsel would further submit that though the petition

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to set aside the ex-parte order was dismissed, he has been paying a sum of

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Rs.10,000/- to the respondents (Rs.5,000/- to first and second respondent

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respectively); that he had also paid the school fee and had also transferred

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Rs.10,000/- on two occasions to the respondents, hence, the impugned order

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may be set aside and the petitioner may be permitted to contest the case on

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merits.

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.R.C.No.2405 of 2024

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4.The learned counsel for respondents per contra would submit that

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as against the order in the main M.C., directing the petitioner to pay a sum of

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Rs.15,000/- each to the respondents, the petitioner had been paying only

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Rs.10,000/- per month and that the school fee was paid by the petitioner.

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5.In the light of the above submission, this Court is of the view that

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though the petitioner had not complied with the conditional order,

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considering the fact that the petitioner had been paying a sum of Rs.10,000/-

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every month to the respondents, he can be granted an opportunity to contest

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the case on merits on condition that the petitioner shall pay a sum of

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Rs.2,00,000/- towards arrears of maintenance to the respondents within a

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period of four weeks from the date of receipt of a copy of this order. On such

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payment, the learned Judge, Family Court, Tiruppur may set aside the ex-parte order and decide M.C.No.53 of 2022, after giving an opportunity to

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the petitioner to contest it, on merits.

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https://www.mhc.tn.gov.in/judis 3/4

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Crl.R.C.No.2405 of 2024

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SUNDER MOHAN, J.

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rsi

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With the above observations, the Criminal Revision Case is

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allowed.

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06.01.2025

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Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No rsi

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The Judge, Family Court, Tiruppur 2 .The Public Prosecutor, High Court, Madras.

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Crl.R.C.No.2405 of 2024

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https://www.mhc.tn.gov.in/judis 4/4

C.Saravanan v. S.Tamilselvi

Case brief

What is this about?

What did the court decide?

C.Saravanan v. S.Tamilselvi

Case brief

What is this about?

What did the court decide?

What the court decided

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