Madras High CourtCRL RC/1575/2024dismissed

Arun.S v. Keerthi.T

2024-11-28Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.No.13122 of 2024 S.Arun ...

Petitioner Vs.

1.T.Keerthi 2.A.K.Thapasaya (Minor represented by her Mother and Natural Guardian) ...

Respondents Prayer: Criminal Revision Petition is filed under Section 397 & 401 of Cr.P.C. to call for records in Criminal revision Petition in M.P.No.359 of 2024 in M.C.No.53 of 2023 dated 07-08-2024 on the file of the I Additional Family Court at Chennai and set aside the same. For Petitioner : Mr.M.Sathyakumar For Respondents : Mr.Repert A.Barnabas 1/4

O R D E R

The revision challenges the order passed in M.P No.359 of 2024 in M.C.No.53 of 2023 dated 07.08.2024 directing the petitioner to pay the arrears of maintenance amount, after deducting the earlier payment made by the petitioner, on or before 05.09.2024, failing which the warrant of arrest will be ordered against the petitioner.

2. The only ground raised by the petitioner in this revision is that the he had already paid Rs.2,27,000/- to the respondents; and that there is misconception regarding the total amount due mentioned in the order; and that he has been paying the monthly maintenance regularly; and as on date there is no arrears of maintenance.

3. Heard the learned counsel for the petitioner as well as respondents and perused the records.

4. On perusal of the records, this court is of the view that the question as to whether the petitioner has complied with the order passed by the Trial Court cannot be gone into in this revision. It is for the 2/4

petitioner to establish before the Court that he had complied with the order passed by the Trial Court by providing proof of the same. Hence, liberty is given to the petitioner to establish before the Trial Court that he had paid the arrears of maintenance to the respondents. It is needless to say that the court may determine the issue after hearing the respondents.

5. Accordingly, this Criminal Revision Petition is dismissed confirming the order passed in M.P.No.359 of 2024 in M.C.No.53 of 2023 dated 07-08-2024 by the I Additional Judge, Family Court at Chennai. Consequently, connected Miscellaneous Petition is closed. 28.11.2024 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order rgr To The I Additional Judge, Family Court at Chennai.

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SUNDER MOHAN, J.

rgr and Crl.M.P.No.13122 of 2024 28.11.2024 4/4