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Showing contexts for: PERAMBALUR in Mohammed Yasin vs Jannath on 25 November, 2022Matching Fragments
This revision case has been preferred against the order dated 28.06.2022 made in Crl.M.P.No.6 of 2022 in M.C.No.13 of 2015 on the file of the Family Court, Perambalur.
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2. The petitioner is the husband and the first respondent is the wife of the petitioner and the second respondent is their minor son. The respondents herein filed a petition under Section 125 Cr.P.C in M.C.No.13 of 2015 before the learned Chief Judicial Magistrate, Perambalur seeking maintenance from the petitioner. After trial, the learned Chief Judicial Magistrate awarded a sum of Rs.5,000/- per month to each of the respondents herein as maintenance. The petitioner failed to pay the said maintenance amount and hence, the respondents filed a petition under Section 128 Cr.P.C in C.M.P.No.6 of 2022 before the Family Court, Perambalur for execution of the order of the learned Chief Judicial Magistrate, Perambalur. The Family Court, Perambalur after hearing the arguments advanced on either side had given an opportunity to the petitioner to pay the entire arrears amount and also directed to pay not less than a sum of Rs.10,000/- on or before 28.07.2022 to the respondents, failing which, directed to issue warrant for executing the order. Challenging the said order, the petitioner has preferred the present revision case before this Court.
4.1 Per contra, the learned counsel for the respondents submitted that the petitioner was directed to pay maintenance to the respondents as per the order of the learned Chief Judicial Magistrate, Perambalur dated 07.02.2019 in M.C.No.13 of 2015. Since the petitioner has not paid any maintenance amount, a huge arrears is to be paid by him for 81 months. Challenging the order of the learned Magistrate, no appeal or revision is pending and also no stay order is passed and hence, as on date, the order of the learned Magistrate is enforceable under law. The Judge, Family Court, Perambalur has rightly appreciated the entire materials and given an opportunity to the https://www.mhc.tn.gov.in/judis petitioner to pay the entire arrears amount within a stipulated time, failing which, a warrant was ordered to be issued. However, the petitioner has not taken any steps to comply with the order of the Family Court, but in order to avoid the payment, he filed the present revision without any valid reason.
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5. Heard the learned counsel on either side and also perused the materials available on record.
6. Admittedly, the respondents filed maintenance case before the learned Chief Judicial Magistrate, Perambalur in M.C.No.13 of 2015 and after trial, maintenance has been ordered. Against the maintenance order, the petitioner filed revision before the Principal District and Sessions Judge, Peramablur in Crl.R.No.4 of 2019 and the same was dismissed. As on date there is no appeal or revision or stay against the order of the Chief Judicial Magistrate, Peramblur. Further, the respondents filed execution petition in C.M.P.No.6 of 2022 before the Family Court, Perambalur under Section 128 Cr.P.C and the same was allowed.
8. In light of the above, this Criminal Revision Case is dismissed and the order dated 28.06.2022 made in Crl.M.P.No.6 of 2022 in M.C.No.13 of 2015 on the file of the Family Court, Perambalur is confirmed. The petitioner/husband is directed to pay the entire arrears amount to the respondents and submit a receipt before the Family Court or directed to deposit the entire amount before the Family Court, Perambalur to the credit of Crl.M.P.No.6 of 2022 within a period of two weeks from the date of receipt of a copy of this order, failing which, the learned Judge, Family Court, Perambalur is directed to issue warrant to the petitioner and detained him in prison and expedite the proceedings. Consequently, connected miscellaneous petition is closed.