← Library
Madras High CourtCRL RC/507/2025disposed of

Ronald Moriera v. Vidhyashree @ Deepika

2025-06-30Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.Nos.507, 511 and 532 of 2025 & Crl.M.P.Nos.6681, 6737 and 7521 of 2025 Ronald Moriera ... Petitioner in all the petitions Vs

1. Vidhyashree @ Deepika

2. Santhosh. R ... Respondents in all the petitions PRAYER in Crl.R.C.No.507 of 2025 : Criminal Revision Petition is filed under Section 442 of BNSS Act to set aside the order dated 16.11.2024 in Crl.M.P.No.1179 of 2024 to pay arrears of Rs.1,65,000/- in M.C.No.62 of 2021 on the file of the learned 1st Additional Judge, Family Court, Chennai PRAYER in Crl.R.C.No.511 of 2025 : Criminal Revision Petition is filed under Sections 438 & 442 of BNSS Act to set aside the order dated 16.11.2024 in Crl.M.P.No.1445 of 2023 to pay arrears of Rs.1,35,000/- in M.C.No.62 of 2021 on the file of the learned 1st Additional Judge, Family Court, Chennai. PRAYER in Crl.R.C.No.532 of 2025 : Criminal Revision Petition is filed under Section 442 of BNSS Act to set aside the order dated 16.11.2024 in Crl.M.P.No.566 of 2022 to pay Rs.2,20,000/- in M.C.No.62 of 2021 on the file of the learned 1st Additional Judge, Family Court, Chennai.

For Petitioner in all the petitions : Mr. M.K.Yukanth For Respondents in all the petitions : Mr. J.Ravishankar C O M M O N O R D E R Since the parties and the issues involved in these Revisions are one and the same, they are taken up together and a common order is being passed.

2. These Revisions are preferred against the order dated 16.11.2024 in Crl.M.P.No.1179 of 2024; Crl.M.P.No.1445 of 2023 and Crl.M.P.No.566 of 2022 on the file of the learned 1st Additional Judge, Family Court, Chennai respectively.

3. The petitioner is the husband of the 1st respondent herein and the marriage between them was soleminized on 24.04.2006. The 2nd respondent is the son of the petitioner and the 1st respondent. Due to some misunderstanding between the petitioner and the 1st respondent, the 1st and 2nd respondents were driven out from the matrimonial house, hence the respondents were not able to maintain themselves. Therefore, the respondents filed M.C.No.62 of 2021, however, the petitioner, after receipt of notice failed to appear before the trial court. Hence the trial court, set the petitioner as exparte and ordered

monthly maintenance of Rs.10,000/- to the 1st respondent and Rs.5,000/- to the 2nd respondent as maintenance from the date of filing of the Maintenance petiiton and ordered to settle the arrears within three months.

4. Subsequently, the petitioner filed an application to set aside the exparte order and it was returned for want of corrections, however, it was not presented within a stipulated time and as such, there was a delay and subsequently, it was represented and the same was also dismissed for default. Further, the petitioner filed a petition to represent the condone delay petition, while pending this application, the respondents filed petitions seeking arrears of maintenance and the trial court directed the petitioner to pay arrears of maintenance. As against the same, the petitioner has come up with the present petitions.

5. At this stage, it is the contention of the learned counsel for the petitioner that so far, the petitioner had deposited a sum of Rs.2,60,000/- and it is lying in the credit of M.C.No.62 of 2021 on the file of the trial court.

6. In view of the above, considering the above said facts and circumstances of the case, the exparte order passed by the learned I Additional Principal Judge, Family Court, Chennai in Crl.M.P.Nos.1179 of 2024, 1445 of 2023 and 566 of 2022 dated 16.11.2024 and M.C.No.62 of 2021 dated

26.04.2022 are set aside and the learned I Additional Principal Judge, Chennai is directed to re-open the Maintenance Case in M.C.No.62 of 2021 and dispose of the same within a period of three months from the date of receipt of copy of the order on merits and in accordance with law. In the meanwhile, the petitioner shall continue to pay the interim maintenance of Rs.5,000/- each to the respondents till the disposal of the maintenance case. The amount which was already deposited by the petitioner is ordered to be withdrawn by the respondents. Further, if the salary slip produced by the petitioner is disputed by the respondent, the respondent can very well agitate the same before the trial court in the manner known to law.

With the above direction, the present Revisions are disposed of. Consequently, connected miscellaneous petitions are closed. 30.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd

G.K.ILANTHIRAIYAN, J.

ssd To

1. The I Additional Family Court, Chennai

2. The Public Prosecutor, Madras High Court, Chennai.

Crl.R.C.Nos.507, 511 and 532 of 2025 & Crl.M.P.Nos.6681, 6737 and 7521 of 2025 30.06.2025