Arul Jothi v. N.Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
1. Arul Jothi W/o.N.Kumar , D/o.Chandran.
2. Benjamin Kumar S/o.N.Kumar
3. Jachi Reshma D/o.N.Kumar, All petitioner residing at No. 53, Perumal Kovil Street, Anna Nagar, Nalur Village, Ponneri Taluk, Thiruvallur District.
Petitioner(s) Vs
1. N.Kumar S/o.Nagalingam, No. 18, Sri Balaji Nagar Main Road, Kakkalur Village, Tiruvallur District.
Respondent(s) PRAYER To call for the records in CMP No. 2891/2020 in MC No. 21/2012 on the file of the Judicial Magistrate Court No.II at Ponneri dt. 18.10.2021 and set aside the order passed in Criminal Appeal No. 154/2023 dt. 05.08.2025 on the file of the IV Additional District Judge, Tiruvallur at Ponneri with regard to the quantum
of maintenance and enhance the maintenance for the 1st petitioner from Rs. 1000/- to 28,000/- per month and pas such necessary orders as this Honble court.
For Petitioner(s):
B.Chandran R.C.Mathew Moghan K.Ponnkumar Affidavit Of Service Filed For Respondent(s):
M. Murali S.Deepak Raj
ORDER
This Criminal Revision Case has been filed to call for the records in CMP No. 2891/2020 in MC No. 21/2012 on the file of the Judicial Magistrate Court No.II at Ponneri dt. 18.10.2021 and set aside the order passed in Criminal Appeal No. 154/2023 dt. 05.08.2025 on the file of the IV Additional District Judge, Tiruvallur at Ponneri with regard to the quantum of maintenance and enhance the maintenance for the 1st petitioner from Rs. 1000/- to 28,000/- per month.
2. Before the Trial Court, she filed a maintenance claim in the year 2012 in M.C. No. 21 of 2012 on the file of the Judicial Magistrate II, Ponneri. At that time, she sought interim maintenance, and a sum of Rs. 3,000/- was awarded with arrears of Rs. 1,68,000/-. The said amount was not paid by the respondent. Against that order, Crl.A. No. 154 of 2023 was preferred. The appeal was allowed with an order regarding arrears, and in that appeal, the respondent filed an application to condone the delay, wherein 50% of the arrears amount was
ordered to be deposited. He challenged the order passed by the Trial Court in appeal. The Trial Court held that since one of the sons had attained majority, the maintenance claim towards the second respondent was not maintainable. However, as the conditional order was complied with, the conditional order imposed by the Court was held to be not maintainable. Aggrieved over the same, the petitioners filed this Criminal Revision Case.
3. Heard both sides.
4. Earlier this court instructed the respondent to appear before this Court with pay slip but he failed. The respondent is employed as Wire Man in TANGEDCO, Chennai North, drawing monthly salary of Rs.56,732/-. As on date, the arrears of maintenance is Rs.84,000/-. First petitioner is wife of Kumar/respondent and other petitioners are his son and daughter. The second and third petitioners are under the care and custody of the first petitioner. In spite of direction the respondent is not inclined to appear before this Court. Considering the facts of the case, this Court directs the officials of the Tamil Nadu Electricity & Distribution Corporation, Mettu Reddy Palayam, Chennai Colony, North 601 209, to attach the salary of the respondent and pay a sum of Rs.20,000/- to the account of the first petitioner (Indian Bank A/c No. 786838118) every month until modification and arrears of maintenance of Rs.84,000/- has to be paid to deposited in the first petitioner' account from the respondent's other benefits. Accordingly, this Criminal Revision Case is ordered.
25-11-2025 pbl To The Tamil Nadu Electricity & Distribution Corporation, Mettu Reddy Palayam, Chennai Colony, North 601 209.
T.V.THAMILSELVI J.
Pbl CRL RC No. 2227 of 25.11.2025