Madras High Court
S.M.Sivasamy vs S.Hemalatha on 1 August, 2022
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.R.C.No.798 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.798 of 2019
S.M.Sivasamy .. Petitioner
Vs
1. S.Hemalatha
2. S.Naveen Kumar .. Respondents
Prayer: Criminal Miscellaneous Petition filed under Sections 397 and 439 of
the Code of Criminal Procedure to set aside the order passed in MP.No.620 of
2011 in M.C.No.499 of 2008 dated 26.03.2018 on the file of the Family Court,
Chennai and to allow the criminal revision.
For Petitioner : Mr.R.Nalliyappan
For Respondents : Mr.N.Sakthivel
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Crl.R.C.No.798 of 2019
ORDER
The revision is filed against the order of interim maintenance ordered in M.P.No.622 of 2011 in M.C.No.499 of 2008, in and by which the interim maintenance of sum of Rs.8,000/- per month is ordered to the first petitioner / wife and Rs.4,000/- per month is ordered to the second petitioner / son, totaling to a sum of Rs.12,000/- per month.
2. It is seen that the maintenance case if of the year 2008. Even though the Code of Criminal Procedure envisages that such maintenance petitions to be disposed of within a period of sixty days, unfortunately, the petition is now pending for fourteen years. Therefore, it is just and necessary that a direction be given to the Trial court to dispose of the maintenance case in accordance with law, within a period of two months from the date of receipt of copy of this order.
3. Now, coming to the question of interim maintenance, learned counsel has produced a copy of the decree of the divorce granted by the learned Subordinate Judge, Poonamallee dated 19.06.2011. It is also under Sections 13(i)(ia) and (ib) of the Hindu Marriage Act, which means that the Court has https://www.mhc.tn.gov.in/judis 2/6 Crl.R.C.No.798 of 2019 come to the conclusion that the wife has deserted the petitioner. If the decree is as against the wife or the desertion, it cannot be stated that she is living separately with justifiable cause and therefore, the award of interim maintenance in respect of the first wife is unsustainable. Therefore, to that extent, the order of the learned VI Additional Family Court, Chennai is set aside.
4. As far as the monthly maintenance to the second respondent / son is concerned, he was born on 16.07.1997 and the petitioner is liable to pay maintenance till the date he attains majority, that is, up to 15.07.2015. Therefore, from the date of the petition, that is 05.11.2011 till 15.07.2015, the petitioner is liable to pay such maintenance sum to the second respondent. It will however be open for the both parties to agitate the arguments finally in the MC, which is pending before the Trial court.
5. Therefore, this criminal revision is partly allowed on the following terms:
(i) The order of the VI Additional Family Court, Chennai, dated 26.03.2018 in M.P.No.622 of 2011 in M.C.no.499 of 2008 is set aside, inasmuch as it orders interim maintenance https://www.mhc.tn.gov.in/judis 3/6 Crl.R.C.No.798 of 2019 amount to the first respondent herein, the wife namely, S.Hemalatha;
(ii) The said order is upheld inasmuch it orders a sum of Rs.4,000/- as maintenance to the second respondent herein, that is the second respondent in the petition, namely the minor son, S.Naveen Kumar. However, it is made clear that the date of birth of the second respondent is 16.07.1997 and therefore, he would be entitled of maintenance from the date of petition, that is , 05.11.2011 to 15.07.2015.
(iii) Learned VI Additional Family Court, Chennai is directed to dispose of the M.C.No.499 of 2008, considering that the said M.C is pending for fourteen years and take up the matter in a day-to-day basis and dispose of the same as expeditiously as possible, in any event not later than a period of two months from the date of receipt of copy of this order.
Index : yes/no 01.08.2022
Internet: yes/no
Speaking order/Non-speaking order
drm
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Crl.R.C.No.798 of 2019
To
1. The VI Family Court, Chennai.
2. The Public Prosecutor, Madras High Court.
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