Madras High Court
J.Antony Jerald Joseph vs M.Kavitha Mary on 2 August, 2021
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.R.C.No.406 of 2021 and
Crl.M.P.No.6537 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.406 of 2021 and
Crl.M.P.No.6537 of 2021
J.Antony Jerald Joseph ...Petitioner
Vs.
1. M.Kavitha Mary
2. Minor A.Leena ...Respondents
The Criminal Revisions filed under Section 397 read with 401 of
Code of Criminal Procedure seeking to call for the records pertaining to the
order dated 23.04.2021 made in FCMC.No.17 of 2018 on the file of the
Family Court, Chengalpattu and set aside the same.
For Petitioner : Mr.A.R.Nixon
For Respondents : Mr.K.Thenrajan
----------
ORDER
This criminal revision has been filed against the order of maintenance dated 23.04.2021 passed by the learned Judge, Family Court, Chengalpattu, in FCMC.No.17 of 2018.
1/6 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.406 of 2021 and Crl.M.P.No.6537 of 2021 2 The petitioner is husband, first respondent is wife and second respondent is their minor child. The wife has filed a petition in FCMC No.17 of 2018 seeking maintenance before the Family Court, Chengalpattu, pending the same, she also filed a petition in FCCMP No.78 of 2021 seeking interim maintenance. The wife has also filed a petition in FCIDOP No.15 of 2019 seeking divorce. The petitioner/husband has filed a petition before the learned Principal District Judge, Thiruvallur, seeking restitution of conjugal rights and the same was transferred to the Family Court, Chengalpattu, by order of this Court made in Tr.C.M.P.No.840 of 2019 dated 06.07.2020 and this Court also directed the Judge, Family Court, Chengalpattu, to take up all the three cases in FCMC No.17 of 2018, FCIDOP No.16 of 2019 and IDOP No.212 of 2019 now renumbered as FCIDOP.No.245 of 2021 for a joint trial and directed to dispose of the same on merit preferably within a period of six months from the date of receipt of a copy of this order.
2/6 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.406 of 2021 and Crl.M.P.No.6537 of 2021 3 Now, the petitioner/husband has filed this criminal revision contending that the learned Judge, Family Court, Chengalpattu, without complying the order of this Court dated 06.07.2020, wherein it was directed to try all the three matrimonial cases together, has passed the impugned order dated 23.04.2021 ordering maintenance at Rs.6,000/- p.m. for the second respondent/minor child. The learned counsel appearing for the petitioner/husband has further contended that in the impugned order, the learned Judge, has stated that based on the compromise, the order was passed, but, the fact remains that there was no compromise between the petitioner and the first respondent. Hence he seeks to set aside impugned order passed by the learned Judge, Family Court, Chengalpattu, ordering maintenance.
4 The learned counsel appearing for the respondents would submit that on the day of passing of order both the petitioner and respondents have appeared in person before the Court below and stated that 3/6 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.406 of 2021 and Crl.M.P.No.6537 of 2021 they compromised the matrimonial dispute and recording the oral statement of the petitioner and the first respondent, the learned Judge, Family Court, Chengalpattu has passed the order.
5 Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.
6 It is seen from the report of the learned Judge, Family Court, Chengalpattu, dated 14.07.2021 that there was no petition filed for compromise and the learned Judge ignored the order of this Court directing to try all the three cases together. Hence, the impugned order dated 23.04.2021 made in FCMC.No.17 of 2018 by the learned Judge, Family Court, Chengalpattu, is hereby set aside, and the matter is remitted back the Family Court, Chengalpattu, to comply with the order of this Court dated 06.07.2020 passed in Tr.C.M.P.No.840 of 2019 to take up all the three matrimonial cases for a joint trial and the learned Judge, Family Court, 4/6 https://www.mhc.tn.gov.in/judis/ Crl.R.C.No.406 of 2021 and Crl.M.P.No.6537 of 2021 Chengalpattu, is hereby directed to dispose of the same within a period of six months from the date of receipt of a copy of this order. Meanwhile, the petitioner/husband is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) p.m. on 5th of every English calendar month towards maintenance for the second respondent/minor child till the disposal of the above three cases.
7 With the above directions, this criminal revision case is disposed of. Consequently connected miscellaneous petitions are closed.
02.08.2021
Index : Yes/No
cgi
To
The Judge, Family Court, Chengalpattu.
5/6
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.406 of 2021 and
Crl.M.P.No.6537 of 2021
P.VELMURUGAN, J.,
cgi
Crl.R.C.No.406 of 2021 and
Crl.M.P.No.6537 of 2021
02.08.2021
6/6
https://www.mhc.tn.gov.in/judis/