Madras High Court
Devi ... 2Nd vs M.Muthukumar ... Petitioner / ... on 15 February, 2023
Author: G.Ilangovan
Bench: G.Ilangovan
Cont.P.(MD).No.1250 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.02.2023
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
Cont.P.(MD).No.1250 of 2022
Devi ... 2nd Respondent / Petitioner
Vs.
M.Muthukumar ... Petitioner / Contemnor
PRAYER: Petition filed under under Section 11 of the Contempt of Court Act,
1971, to intiate contempt proceedings against the contemnor herein for his willful
disobedience to implement the order passed by this Court in Crl.O.P(MD) No.
6070 of 2019, dated 03.10.2019 and punish the contemnor.
For Petitioner : Mr.Senthilkumar. R
For Respondent : Mr.Shanmugaraja Sethupathi. D
ORDER
Alleging wilful disobedience of the order passed by this Court in Crl.O.P(MD) No.6070 of 2019, dated 03.10.2019, this Contempt Petition is filed. https://www.mhc.tn.gov.in/judis 1/8 Cont.P.(MD).No.1250 of 2022
2. The facts in brief:
The petitioner has lodged a complaint against the respondent based upon which, a case was registered in Crime No.4 of 2017. After completing the investigation, Final Report was also filed and the same was taken cognizance in S.C.No.33 of 2019 by Fast Track Mahila Court (District and Sessions Court), Sivagangai, against which, the respondent herein filed Crl.O.P(MD) No.6070 of 2019, seeking quashment of the criminal proceedings, that was allowed by this Court by order dated 03.10.2019. While passing the above said order, directions were issued to the respondent herein to pay a sum of Rs.10,000/- to the petitioner and a sum of Rs.10,000/- to each children till the disposal of the maintenance case in M.C.No.18 of 2019 on the file of the Family Court, Sivagangai, till the disposal of the complaint in D.V.O.P No.5 of 2019 on the file of the learned Judicial Magistrate No.I, Sivagangai as interim maintenance. Further directed that both the Courts shall complete the trial within a period of six months from the date of receipt of copy of the order.
3. Against the above said order, this petitioner filed Special Leave Petition before the Honourable Supreme Court in SPL (Crl) Diary No.1331 of 2020, that was dismissed on 11.07.2022. But however, this petitioner was permitted to file the enhancement petition for maintenance for herself and children, as well as https://www.mhc.tn.gov.in/judis 2/8 Cont.P.(MD).No.1250 of 2022 share in the property of the respondent in accordance with law. In the light of the above said development noting that there is non compliance of the order by the respondent, this petition has been filed stating that there is willfull and deliberate non compliance of the order passed by this Court. According to the petitioner, from 2019 till the date of the petition, totally sum of Rs.10,20,000/- is due. Over the above said non compliance by the respondent, she also sent a legal notice.
4. Notice was ordered to the respondent and the respondent appeared through Advocate and also filed the counter statements.
5. Heard both sides.
6. The order that has been passed in Crl.O.P(MD) No.6070 of 2019 is also confirmed by the honourable Supreme Court. Similarly, in respect of the payment of interim maintenance also, there was no interference. But on the other hand, liberty was granted to the petitioner to move appropriate petition for enhancement.
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7. Two proceedings have been initiated by the petitioner against the respondent. One under provision of 125 Cr.P.C. and another under provision of Protection of women from Domestic Violence Act. At the time of hearing, it was submitted that M.C.No.18 of 2019 was not prosecuted by the petitioner. So, it came to be dismissed. So far as D.V.O.P is concerned, now it is transferred to the file of Additional Mahila Court, Sivagangai and renumbered as D.V.O.P. No.8 of 2019. When enquiry was undertaken, it was submitted before the enquiry Court that SLP was preferred and in pursuance of the above said order, the amendment petition was filed in Cr.M.P.No.1611 of 2022 and it was originally posted for enquiry on 10.12.2022.
8. The learned counsel for the respondent also produced B-Diary extract of the trial Court, till 21.09.2022 for the purpose of showing that this petitioner all along did not appear before the Court properly. But the respondent appeared. According to the learned counsel for the respondent, willfull disobedience is only on the part of this petitioner in compling the order, taking advantage of the order of interim maintenance, the petitioner dragged the matter endlessly only to enjoy the above said interim order. So, according to him, the respondent also taken out Demand Draft for Rs.1,80,000- that was not received by the petitioner, it lapsed. Thereafter, the above said Demand Draft amount was also given to the learned https://www.mhc.tn.gov.in/judis 4/8 Cont.P.(MD).No.1250 of 2022 counsel for the petitioner on record. According to the respondent, six month period was prescribed by this Court was not complied by the petitioner. So the petitioner lost the right of getting interim maintenance benefit.
9. Further he would rely upon the judgment of Honourable Supreme Court reported in D.Velusamy Vs. D.Patchaiammal 2010 10 SCC 469. For the purpose of argument that, the nature of relationship between the parties will not attract the provision under 125 Cr.P.C and provision the Protection of Women for Domestic Violence Act 2005.
10. The above said point cannot be raised before this Court and it is for the trial Court to consider the same on its own merits. If any observation is made by the Court in this regard, which is not the subject matter of this petition, will cause serious prejudice to the parties. So, I am not going to take this issue. But the learned counsel for the respondent would rely upon this point on the ground that to over come the above said legal bar only, now the petitioner is dragging the matter before the trial Court.
11. However, the learned counsel for the petitioner submitted that because of filing of SLP before the honourable Supreme Court, she did not appear before https://www.mhc.tn.gov.in/judis 5/8 Cont.P.(MD).No.1250 of 2022 the trial Court. But this could not be the attitude of the petitioner. She must co-operate with the trial Court to complete the process of enquiry as directed by this Court. Filing of SLP before the honourable Supreme Court will not cause any stay of the proceedings. Now whatever it may be, in the light of the order of honourable Supreme Court, amendment petition is also filed.
12. In the light of the above said development, the contention of the responent that interim maintenance was restricted only to the period of six months cannot be accepted and such a sort contention is not permissible. The respondent should comply the order at any cost. If he got any grievance with regard to the compliance of the order of this Court, he ought to have approached this Court for appropriate order. But he did not do that. He simply waited for this petition to be filed to take out Demand Draft. So, the conduct of the respondent cannot be appreciated.
13. Let the entire arrear amount (Rs.11,40,000/-) minus Rs.1,80,000/- that was paid by the respondent to be credited into the account of this proceedings in D.V.O.P No.8 of 2019 on the file of the learned Judicial Magistrate, Additional Mahila Court, Sivagangai, within a period of one month from the date of receipt of copy of this order. If the payment is not made, then it will be construed as https://www.mhc.tn.gov.in/judis 6/8 Cont.P.(MD).No.1250 of 2022 willful disobedience of the order.
14. Further, the learned Judicial Magistrate, Additional Mahila Court, Sivagangai, is directed to comply the order of this Court and shall dispose it of within a period of three months from the date of receipt of copy of this order. Since the time already granted lapsed, there shall be no further extension of time.
15. With the above said direction, list the matter on 16.03.2023 for reporting compliance or for further orders.
15.02.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes
Indu
To
The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
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Cont.P.(MD).No.1250 of 2022
G.ILANGOVAN, J
Indu
Order made in
Cont.P.(MD).No.1250 of 2022
15.02.2023
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