G. John Edward v. Sabina Mary Sneha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :06.06.2018

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN CRP.(PD).No. 881 of 2018 and CMP.No. 4838 of 2018 G.John Edward ... Petitioner Vs.

Sabina Mary Sneha ... Respondent Prayer : Civil Revision Petition filed Under Article 227 of the Constitution of India to direct the learned V Additional Principal Judge, Family Court, Chennai to consider and recall the non bailable warrant issued on 26.12.2017 in I.A.No.2525 of 2016 in O.P.No.2654 of 2014 against the petitioner without insisting for the presence of the petitioner.

For Petitioner : Mr.T.Saravanan For Respondent : Mr.David Tyagaraj

O R D E R

The Civil Revision Petition has been filed against the Order dated 26.12.2017 made in I.A.No.2525 of 2016 in O.P.No.2654 of 2014 on the file of the V Additional Principal Judge, Family Court, Chennai.

2. The revision petition has been filed by the husband against his wife. The revision petitioner/husband filed a petition before the V Additional Principal Judge, Family Court, Chennai in H.M.O.P.No.2654 of 2014 for divorce, wherein the

respondent/wife has filed interlocutory application in I.A.No.2525 of 2016 for interim maintenance. In the said application, the trial Court passed an order dated 29.11.2017 to pay a sum of Rs. 7,000/- to the respondent/wife and Rs.3,000/- to the minor son and totally awarded a sum of Rs.10,000/- towards interim maintenance. Since the revision petitioner/husband refused to pay the interim maintenance amount, the trial Court issued Non Bailable Warrant against him on 26.12.2017. Feeling aggrieved by that order, the revision petitioner has filed this revision petition to recall the Non Bailable Warrant issued against him.

3. The learned counsel appearing for the revision petitioner would submit that the trial Court erroneously exercised its jurisdiction in the proceedings under C.P.C. He would further submit that the revision petitioner has filed an appeal against the order of interim maintenance before the Division Bench of this Court in C.M.A.No. 822 of 2018 and this Court by order dated 05.06.2018, disposed of the said appeal with a direction to the revision petitioner/husband to pay the arrears of maintenance amount within a period of one month from the date of receipt of a copy of the order. Further it is a nature of civil liability and order of issuance of NBW is against the principles of fundamental law. The Family Court has no jurisdiction to issue NBW for non compliance of order of interim maintenance.

4. The learned counsel appearing for the respondent is also admitted the

above fact.

5. It is seen from the records that this revision petition has been filed only against the order passed by the learned V Additional Principal Judge, Family Court, Chennai issuing Non Bailable Warrant against the revision petitioner for non payment of the interim maintenance. According to the learned counsel for the revision petitioner, the trial Court erroneously exercised its jurisdiction which is supposed not to be exercised. Therefore, under these circumstances, the order passed by the trial Court is liable to be set aside. However, it is made clear that if the revision petitioner/husband has failed to comply with the direction i.e., to pay the arrears of interim maintenance within a period of one month, as directed by this Court in the appeal, the respondent/wife may proceed in the manner known to law.

6. With the above observations, the civil revision petition disposed of. Consequently connected miscellaneous petition is closed. No costs. 06.06.2018 Index :Yes/No Internet :Yes Speaking order/Non-speaking order rts

P.VELMURUGAN, J., rts To

1. The Presiding Officer, V Additional Principal Family Court, Chennai CRP.(PD).No. 881 of 2018 and CMP.No. 4838 of 2018 06.06.2018