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Madras High CourtCRL RC(MD)/522/2018dismissed

G. Umesnathan v. R. Meenakshi

2021-03-22Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 22.03.2021

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI G. Umesnathan .. Revision Petitioner/Respondent Vs.

1.R. Meenakshi 2.U.M. Vaseegaran .. Respondents/Petitioner Prayer : This criminal revision case is filed under Sections 397 and 401 of Cr.P.C., to call for the records in M.C.No.29 of 2018, dated 20.06.2018, on the file of the Family Court, Tiruchirappalli, wherein, the revision petitioner has to pay Rs.10,000/- to each per month (Totally Rs.20,000/-) and to set aside the same. For Petitioner : Mr.J.Jeyakumaran For Respondents : Ms.Sudha Rani

ORDER

This Criminal Revision Case has been filed to call for the records in M.C.No.29 of 2018, dated 20.06.2018, on the file of the Family Court, Tiruchirappalli, wherein, the revision petitioner has to pay Rs.10,000/- to each per month (Totally Rs.20,000/-) and to set aside the same.

2.Both sides present.

3.On the side of the respondents, it is stated that the petitioner has not obliged the Court order. This Court directed the petitioner to deposit Rs.4,00,000/- in M.C.No.29 of 2018 within a period of eight weeks and to deposit Rs.10,000/- towards monthly maintenance amount, on or before 5th of every month. The order was passed on 11.09.2018, but, the petitioner has not obliged the Court order.

4.At the request of the learned counsel for the petitioner, the matter was adjourned to 25.01.2021 for filing the typed set containing the payment details. No document was filed on the side of the petitioner. Again, the matter was adjourned to 10.02.2021, 18.02.2021 and 05.03.2021. Since no document was filed, this Court called for a report from the trial Court. The trial Court furnished 1 / 3

the details.

5.A perusal of the same reveals that the petitioner has not obliged the order of this Court, dated 11.09.2018. On 03.10.2019, the petitioner has deposited Rs.25,000/- and on 23.01.2020, he has deposited Rs.5,000/-. The details of payment made by the revision petitioner/ husband is as follows:

SI.

No Named D.D. No with date Date of D.D.

Received by the Court Date of D.D.

Handed over to the petitioner (R.Meenakshi) Amount of D.D.

Rs.

1.

ICICI.Bank D.D.No.

508517, Dt.

30.09.2019 03/10/19 18.10.2019 Rs.25,000/- 2.

ICICI.Bank D.D.No.

783595, Dt.

23.01.2020 23.01.2020 23.01.2020 Rs.05,000/- 3.

S.B.I. D.D.No.

850675, Dt.

11.02.2020 15.02.2020 21.02.2020 Rs.10,000/- 4.

ICICI.Bank D.D.No.

504784, Dt.

29.02.2020 06.03.2020 06.03.2020 Rs.10,000/- 5.

K.V.B. D.D.No.

125487, Dt.

08.09.2020 09.09.2020 09.09.2020 Rs.10,000/- 6.

I.O.B. D.D.No.219557, Dt. 30.09.2019 28.09.2020 13.10.2020 Rs.10,000/- 7.

By cash in Open Court 14.10.2020 14.10.2020 Rs.05,000/- 8.

ICICI.Bank D.D.No.

505230, Dt.

19.11.2020 23.01.2021 25.01.2021 Rs.10,000/- 9.

ICICI.Bank D.D.No.

505202, Dt.

16.12.2020 21.12.2020 25.01.2021 Rs.10,000/-

10. ICICI.Bank D.D.No.

505312, Dt.

20.01.2021 23.01.2021 25.01.2021 Rs.05,000/- Canara Bank D.D.No.

447524, Dt.19.02.2021 19.02.2021 22.02.2021 Rs.10,000/- Total Rs.1,10,000/ 2 / 3

6.From the records, it is seen that the revision petitioner / husband has not obliged the order passed by this Court. He failed to deposit Rs.4,00,000/- (Rupees Four Lakhs only) within a period of eight weeks and he has not approached this Court for extension of time. The contention of the petitioner that the delay is due to lock down situation cannot be entertained, since the order was passed in the year 2018. This Court has ordered for payment of Rs.10,000/- per month. That order also was not obliged by the petitioner.

7.Since the petitioner has been continuously dis-obeying the orders of this Court, he is not entitled for any relief from this Court. Hence, this Criminal Revision Case is dismissed. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) Ls NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Family Court, Tiruchirappalli.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. 2 Copies +1 CC to M/s.G.S.ASOK ADHITHYAN, Advocate ( SR-12810[F] dated 22/03/2021 ) 22.03.2021 CN(17.05.2021) 3P 5C 3 / 3