Hubby has NOT paid a penny 2yrs after DV order, but keeps appealing, filing revisions !! HC dismisses his petition !

There are some husbands who are probably ill advised (or smarter than we think), who keep filing petitions and appeals without paying a penny on maintenance. Here is one such husband who hasn’t paid a penny but has appealed both at sessions court and also at HC. However his appeal at sessions court has been dismissed because he did NOT appear !! As expected, the madras HC also dismisses his petition under sec 482 CrPC

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 14.10.2015

CORAM THE HONOURABLE MS. JUSTICE R.MALA

Crl.O.P.(MD).No.5746 of 2015 and M.P.(MD) Nos.1 and 2 of 2015

Ravi … Petitioner

-Vs-

1.Sreethangam
2.Rinshika rep. By her mother Sreethangam
3.Selvakani
4.Ganesan
5.Stelladevi
6.Thangaraj
7.Ponsudha
8.Vasantha
9.Raja .. Respondents

PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to call for the records and set aside the order of dismissal passed in C.A.No.42 of 2013 by the Sessions Judge, Kanyakumari at Nagercoil dated 22.01.2015.

!For Petitioner : Mr.K.Appadurai

^For Respondents : Mr.J.John Jayakumar for R1
No Appearance for RR2 to 8

O R D E R

The petitioner has come forward with this application to set aside the order of dismissal passed in C.A.No.42 of 2013 by the Sessions Judge, Kanyakumari at Nagercoil dated 22.01.2015.

2.Even though, the matter is posted for dismissal, today, the learned counsel for the petitioner is present.

3.The learned counsel for the petitioner would submit that the respondents 1 and 2 have preferred an application before the trial Court under Section 29 of the Domestic Violence Act, in which, an interim order has been passed, directing the petitioner to pay a sum of Rs.5,000/- each to the respondents 1 and 2 and totally Rs.10,000/- per month, against which, the petitioner has preferred an appeal in C.A.No.42 of 2013 before the learned Sessions Judge, Kanyakumari District and because of the no representation on behalf of the appellant, the appeal was dismissed for non prosecution, against, the petitioner has come up with the criminal original petition.

4.Heard the learned counsel for the first respondent also and perused the materials available on records.

5.Admittedly, the order passed by the learned Judicial Magistrate No.III, Nagercoil has not been complied with. This Court, by an order order 11.08.2015, directed the petitioner to deposit a sum of Rs.1,00,000/- (Rupees one lakh only). But, instead of payment of the amount, the petitioner filed M.P.(MD) Nos.1 of 2015 and 2 of 2015 for extention of time and modification of the condition respectively. Even today, also, he has not paid any amount. The act of the petitioner shows the malafide intention to drag on the proceedings, without paying the maintenance amount to his wife and daughter. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

6.Perusal of the records would show that the petitioner has challenged the impugned order passed by the learned Judicial Magistrate No.III, Nagercoil, directing him to pay the interim maintenance amount. But, without paying the same, he has preferred the appeal and since he has not appeared before the appellate Court and he was not ready to get along with the appeal, the appeal was dismissed for non prosecution only on 22.02.2015, after a period of two years. Therefore, I do not find any reason to interfere with the orders passed by the Courts below. Further, I do not find any reason to extend the time and to modify the order and I am of the view that the petition deserves to be dismissed.

7.Accordingly, this criminal original petition is dismissed. Consequently, connected M.P.(MD) Nos.1 and 2 of 2015 are also dismissed. It is left open to the respondents to take appropriate action against the petitioner to recover the maintenance amount.

TO

1.The Judicial Magistrate No.III, Nagercoil.

2.The Sessions Judge, Kanyakumari District at Nagercoil.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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