A revision petitioner may claim adjustments for prior maintenance payments before the Magistrate.

ORDER

Dated : 18^th December, 2025 This Revision petition was filed by the first respondent in M.C. No.

30 of 2018 on the file of a Judicial Magistrate of First Class -II, Kochi. The above M.C was filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 by his wife. As per Order dated 18.09.2019, the learned Magistrate directed the revision petitioner to pay a monthly maintenance of Rs.20,000/- to the petitioner in the M.C, from the date of the application. In Crl. Appeal No. 313 of 2019, the learned Sessions Judge enhanced the monthly maintenance to Rs.50,000/- per month. The said maintenance was reduced to Rs.40,000/- per month by this Court as per the judgment in Crl.R.P Nos. 277 and 287 of 2023. Though the revision petitioner approached the Apex court by filing a Special Leave petition, so far the maintenance awarded by this Court at the rate of Rs. 40,000/- was not altered.

2. Thereafter, the petitioner in the M.C filed applications before the learned Magistrate for realising the arrears of maintenance due to her. As per the Order dated 5.4.2025, the learned Magistrate found that a sum of Rs. 19,17,000 is due towards arrears of maintenance from the revision petitioner to the petitioner in the MC. As per the said order, the learned Magistrate directed the Drawing and Disbursing officer of the revision petitioner to deduct a sum of Rs. 40,000/- from his monthly salary and to deposit the same in the court so as to release the same to the petitioner in the M.C. The learned Magistrate further directed the Postmaster, Pattam Palace Post Office, to attach a sum of Rs. 19,17,000/- from the account of the revision petitioner. Though the revision petitioner filed Crl. Appeal No. 270 of 2025 before the Sessions Court, Ernakulam, the same was dismissed on 02.07.2025. Aggrieved by the above order of the learned Sessions Judge, he preferred this Revision.

3. The fact that the revision petitioner is liable to pay monthly maintenance at the rate of Rs. 40,000/- to the petitioner in the MC, namely his wife, is not in dispute. At the time of arguments, the contention taken by the learned counsel for the revision petitioner is that the revision petitioner has made part payment and that the entire amount as calculated by the learned Magistrate is not due to the petitioner in the MC. He has also produced copy of the demand drafts for a total sum of Rs. 7,80,000/-. In the above circumstances, this Crl. Revision is disposed of with liberty to the revision petitioner to produce all the receipts in respect of payment of maintenance to his wife, before the learned Magistrate. In case such receipts are produced, the learned Magistrate shall consider the same and give credit for such payments, if any. Subject to the above observation, this Criminal Revision Petition is disposed of.