B.Sathish Kumar Vs Janani Krishnasamy Alaguchamy

¶1

CRL MP No. 9052 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 22-07-2026

¶4

CORAM

¶5

THE HON'BLE MR.JUSTICE SHAMIM AHMED

¶6

CRL MP No. 9052 of 2026 in CRL RC SR NO. 9339 OF 2026

¶7

B.Sathish Kumar S/o.C.Backiam, Represented by his Power Agent Backiam, S/o.Chokkalingam, No. 14, Sastha Illam, Thendral Nagar, Jeeva Nagar, 7th day Adventist School Backside, Madurai - 625 011.

¶8

..Petitioner(s)

¶9

Vs

¶10

Janani Krishnasamy Alaguchamy D/o.K.Alagusamy, Represented by her Power of Attorney A.Alaguchamy, Residing at No. 4/103, Thanikachalam Street, Jegathambikai Nagar, Padi, Chennai 600 050.

¶11

Minor. Jaanvi Janani D/o.B.Sathish Kumar, Represented by her mother Janani Krishnasamy Alaguchamy, Residing at No. 4/103, Thanikachalam Street, Jegathambikai Nagar, Padi, Chennai 600 050.

¶12

..Respondent(s)

¶13

PRAYER - This Criminal Miscellaneous Petition is filed under Section 528 of BNSS, to Condone the delay of 33 days in filing the captioned Criminal Revision Petition against the order dated 10-10-2025 made in M.C. No.49 of 2023 on the file of the Learned Judicial Magistrates Court at Ambattur.

¶14

__________ Page1 of 6

¶15

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

¶16

CRL MP No. 9052 of 2026

For Petitioner(s):

For Respondent(s):

Mr. C.Harish

Mr.Manoharan Shanmuga Sundaram

¶21

O R D E R

¶22

This Court vide order dated 10.06.2026, passed the following order:

¶23

“The learned counsel appearing for the respondent submits that, as on date, the arrears of maintenance payable by the petitioner amount to Rs.10,35,000/-. He further submits that the petitioner has also failed to pay the interim maintenance of Rs.30,000/- as directed by the Trial Court. He further submits that a female child was born out of the wedlock and that the petitioner has not been paying any maintenance either to the respondent or to the child.

¶24

2.Learned counsel for the respondent further submits that the petitioner is merely buying time to filing one proceeding after another and, therefore, prays for dismissal of the present petition.

¶25

3.In response, the learned counsel appearing for the petitioner submits that the petitioner is ready and willing to bring a Demand Draft for 50% of the said arrear amount drawn in favour of the respondent on the next date fixed. He further prays that the present petition, as well as the main case, may be considered by this Court upon production of the said Demand Draft.

¶26

4.Considering the submissions made on both sides, giving a last chance to the petitioner, he is directed to bring a Demand Draft representing 50% of the arrear amount, drawn in the name of the respondent, on the next date fixed, upon which the present application to condone the delay will be considered.

¶27

4.Post this matter under the caption ‘For Orders’ on 20.07.2026.”

¶28

__________ Page2 of 6

¶29

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

¶30

CRL MP No. 9052 of 2026

¶31

2.Today, when the matter is taken up, the learned counsel for the petitioner submitted that Rs.5,00,000/-, being the 50% of the arrears amount was directly transferred by the petitioner to the bank account of 1^st respondent/wife on 15.07.2026. In this regard, he has also produced the photostat copy of the said online transaction, which is taken on record. He also assured that the petitioner shall continue to pay the monthly maintenance of Rs.30,000/- from the month of August, without fail, until further orders.

¶32

3.Mr.Manoharan Shanmuga Sundaram, learned counsel for the respondents also acknowledged receipt of the sum of Rs.5,00,000/- by the 1^st respondent.

¶33

4.The learned counsel for the petitioner as well as the respondents submit that the dispute is between the husband and wife and it is purely matrimonial in nature. Both of them submit that there are chances of amicable settlement between the parties and that the matter may be referred to the Mediation and Conciliation Centre attached to this Court.

¶34

5.In view of the submissions made on either side, this Court is of the opinion that there is a matrimonial element involved which can be resolved amicably through mediation, by appointing an Expert Mediator of this Court.

¶35

Page3 of 6

¶36

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

¶37

CRL MP No. 9052 of 2026

¶38

6.In view of the compliance of the order of this Court dated 10.06.2026 and being satisfied with the reasons stated in the affidavit filed in support of the above petition, the delay of 33 days in filing the Criminal Revision Petition is condoned and this Crl.M.P. is ordered.

¶39

7.Accordingly, the Registry is directed to number the Criminal Revision Case and refer the matter to the Mediation and Conciliation Centre attached to this Court, who shall appoint an Expert Mediator to amicably resolve the dispute between the parties. It is learnt from both side counsels that the petitioner is residing in the United States of America, 1^st respondent is residing in the Australia, while the 2^nd respondent is residing in the custody of the parents of the 1^st respondent at Chennai. Hence, the parties are directed to appear through Video Conferencing before the Mediation and Conciliation Centre attached to this Court on 03.08.2026 and co-operate for the proceedings, without fail.

¶40

8.The Mediation and Conciliation Centre need not issue notice to the respective parties as this order itself is passed in the presence of the learned counsel for both parties, who undertook to inform about the date fixed for mediation.

¶41

__________ Page4 of 6

¶42

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

¶43

CRL MP No. 9052 of 2026

¶44

9.The Mediator is granted two months time to complete the mediation

¶45

proceedings and submit a report before this Court.

¶46

10.Put up the Crl.R.C. on 29.10.2026. Till then, no coercive action be taken against the petitioner.