R.Arjunan v. Malathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2018

CORAM

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA CRL.O.P.Nos.16920 to 16926 of 2011 and M.P.Nos.1, 1, 1, 1, 1, 1 and 1 of 2011 R.Arjunan .. Petitioner in all Crl.O.Ps Vs 1.Malathi @ Maheswari 2.Minor Gowtham 3.Minor Kaya .. Respondents in all Crl.O.Ps (2 & 3 represented by their Mother Malathi @ Maheswari) Common Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in Crl.M.P.Nos.11995, 11996, 11997, 11998, 11999, 12000 and 12001 of 2010 respectively, on the file of the Judicial Magistrate, Bhavani claiming arrears of maintenance for the period from 28.06.2008 to 27.06.2009 28.06.2007 to 27.06.2008, 28.06.2006 to 27.06.2007, 28.06.2005 to 27.06.2006, 28.06.2004 to 27.06.2005, 28.06.2003 to 27.06.2004 and 28.06.2002 to 27.06.2003 respectively under Section 125(3) Cr.P.C. and quash the same.

For Petitioner : Mr.A.Thiyagarajan For Respondents : No appearance (in all Crl.O.Ps) C O M M O N O R D E R These Petitions are filed under Section 482 Cr.P.C. to call for the records in Crl.M.P.Nos.11995, 11996, 11997, 11998, 11999, 12000 and 12001 of 2011 respectively, and to quash the same.

2.The petitioner is the respondent in Crl.M.P.Nos.11995, 11996, 11997, 11998, 11999, 12000 and 12001 of 2011 in M.C.No.8 of 2002 respectively, on the file of the Judicial Magistrate, Bhavani, under Section 125 Cr.P.C., claiming maintenance from

the petitioner herein and the said petitions were allowed by the Judicial Magistrate, Bhavani, directing the petitioner herein to pay a sum of Rs.1,500/- per month each to the respondents herein vide its order dated 23.08.2005. Aggrieved over the said order passed by the Judicial Magistrate, Bhavani, the respondent herein filed Crl.R.C.No.1481 of 2005 before this Court and the maintenance amount was enhanced to Rs.2,000/- from Rs.1,500/- per month to each of the respondents herein.

3.In the present petition, the learned counsel for the petitioner contended that since the maintenance is enhanced from Rs.1,500/- to Rs.2,000/- only on 17.09.2010, the respondents cannot claim arrears of maintenance from the petitioner from the date of filing of the petition. He would further submit that the petitions in Crl.M.P.Nos.11995, 11996, 11997, 11998, 11999, 12000 and 12001 of 2011 respectively, filed under Section 125(3) Cr.P.C., are not maintainable. 4.A perusal of the records shows that this Court had enhanced the maintenance amount from Rs.1,500/- to Rs.2,000/- per month to each of the respondents herein vide its order dated 17.09.2010 in Crl.R.C.No.1481 of 2005 and there is no specific observation in the order that the enhancement would come into effect only from the date of order.

Since the revision itself is filed aggrieved over the order passed by the trial Court in M.C.No.8 of 2002, the maintenance award was enhanced to Rs.2,000/- per month. The respondents herein are entitled to claim maintenance at the rate of Rs.2,000/- from the petitioner herein. As far as the contention of the learned counsel for the petitioner that the petitions filed under Section 125(3) Cr.P.C., is not maintainable cannot be accepted for the simple reason that the said petitions were filed since the petitioner herein without sufficient cause did not comply with the orders passed by the Judicial Magistrate, Bhavani and this Court. 5.Therefore, both the grounds raised by the petitioner fail and I do not find any reason to quash the proceedings in Crl.M.P.Nos.11995, 11996, 11997, 11998, 11999, 12000 and 12001 of 2011 in M.C.No.

8 of 2002 on the file of the Judicial Magistrate, Bhavani.

6.Accordingly, these Criminal Original Petitions are dismissed. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

ia To The Judicial Magistrate, Bhavani.

+1cc to Mr.A.Thiyagarajan, Advocate, S.R.No.39735 Crl.O.P.No.16920 to 16926 of 2011 CP(CO) GSP(16/07/2018)