J.Vasanthakumar v. Thenmozhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED AND CRL MP No. 24240 of 2025 J.Vasanthakumar S/o. Jayaraman, Door No.14/31, 2nd Street, Nesavalar COlony P.N. Road, Tiruppur-641604.

Now residing at Valampuri Vinayagar Koil Street, Sun Gurdens, Pooluvapatti Post, Pommanaicken Palayam, Tiruppur District.

..Petitioner(s) Vs

1. Thenmozhi D/o. Arumugam,

2. Minor Dhanalakshmi D/o. Vasanthakumar,

3. Minor Anuvarshini D/o. Vasanthakumar, Minors R2 and R3 rep by Natural guardian and Mother, Thenmozhi 1st Petitioner 1 to 3 residing at Door No.14/31, 2nd Street, Nesavalar Colny, P.N.Road, Tiruppur-641604.

..Respondent(s) CRL MP No. 24240 of 2025

J.Vasanthakumar S/o. Jayaraman, Door No.14/31, 2nd Street, Nesavalar COlony P.N. Road, Tiruppur-641604.

Now residing at Valampuri Vinayagar Koil Street, Sun Gurdens, Pooluvapatti Post, Pommanaicken Palayam, Tiruppur District.

..Petitioner(s) Vs

1. Thenmozhi D/o. Arumugam,

2. Minor Dhanalakshmi D/o. Vasanthakumar,

3. Minor Anuvarshini D/o. Vasanthakumar, Minors R2 and R3 rep by Natural guardian and Mother, Thenmozhi 1st Petitioner 1 to 3 residing at Door No.14/31, 2nd Street, Nesavalar Colny, P.N.Road, Tiruppur-641604.

..Respondent(s) To set aside the order dated 18.08.2025 made in M.C. No.12 of 2021 on the file of the Family Court, Tiruppur by allowing this Criminal Revision petition.

CRL MP No. 24240 of 2025 To stay all further proceedings in M.C.No.12 of 2021 on the file of the Family Court, Tiruppur pending disposal of the Criminal Revision Petition.

For Petitioner(s):

Ms.Amala Ananthi For Respondent(s):

Mr.Ganesh for Mr.N. Manoharan

ORDER

Heard both sides.

2. This court vide order dated 17.12.2025 passed the following order:- "There shall be an order of interim stay on condition that the petitioner pays a sum of Rs.3,00,000/- (Rupees Three Lakh Only) towards arrears of maintenance to the account of the first respondent within a period of four weeks from the date of receipt of a copy of this order, and shall continue to pay the monthly interim maintenance of Rs.10,000/- [Rupees Ten Thousand only ] to the first respondent on or before 5th day of every English Calendar month until further orders, failing which, the order of interim stay granted now shall stand vacated automatically without any further reference to this Court."

3. Today, the learned counsel for the respondents submitted that an amount of Rs.10,000/- interim maintenance from January till date has not been paid and the petitioner has made default. Thus, he submitted that the interim order granted by this court dated 17.12.2025 may be vacated in the interest of justice. He further submitted that still an arrear of maintenance amount which is more than Rs.6 lakhs has also not been paid by the petitioner.

4. Learned counsel for the petitioner submitted that the petitioner is going through a financial crisis and that is why the order passed by this court dated 17.12.2025 has not been complied with.

5. This court, after considering the arguments as advanced by the learned counsel for both the parties and after perusal of the interim order passed by this court as well as the order passed by the trial court, is of the view that more than six months have been passed and the petitioner has not made compliance of the interim order dated 17.12.2025 passed by this court and the monthly interim maintenance of Rs.10,000/- has also not been paid to the 1st Respondent in compliance of the above said order passed by this court. Thus, it shows the intention of the petitioner, not to pay to his wife.

6. In my view, Rs.10,000/- is very meagre amount for maintaining the wife and two children during the present price hike whereas all the household items and eatable items are very costly. Accordingly, the petitioner does not deserved the sympathy of this court. Therefore, the interim order granted by this court in the Revision Case is vacated.

7. I have also perused the Judgment passed by the learned Family court,

Tiruppur dated 18.08.2025 and I do not find any good ground to interfere in the said order and thus, the order is reasonable and justified.

8. The provision of Section 125 is as process to the destituted wife and child for giving one opportunity for their survival. If such type of attitude is being adopted by the father and the husband, then it is very difficult for the court to give any sympathy while exercising its power. Accordingly this court do not find this case to be interfered in the order of the learned Family Court, Tiruppur. Accordingly, this Criminal Revision Case lacks merit and hence, the same is dismissed. Consequently, connected miscellaneous petition is closed.

9. The trial court is directed to recover the entire arrear amount in accordance with law and to pay the same to the 1st Respondent.

10. In this regard, the respondent is directed to move an appropriate application before the Family Court, Tiruppur, for execution. 22-06-2026 Index: Yes/No Speaking/Non-speaking order GV

SHAMIM AHMED J.

GV To

1. The Family Court, Tiruppur

2. Thenmozhi D/o. Arumugam,

3. Minor Dhanalakshmi D/o. Vasanthakumar,

4. Minor Anuvarshini D/o. Vasanthakumar, Minors R2 and R3 rep by Natural guardian and Mother, Thenmozhi 1st Petitioner 1 to 3 residing at Door No.14/31, 2nd Street, Nesavalar Colny, P.N.Road, Tiruppur-641604.

AND CRL MP NO. 24240 OF 2025 22-06-2026