The court has the authority to conditionally allow a Crl.M.C by imposing payment of maintenance arrears.

O R D E R

(Dated this the 25th day of March, 2026)

The respondent in MC No.36 of 2024 on the file of Judicial First Class Magistrate Court-II, Thiruvananthapuram, who is the appellant in Crl.A No.216 of 2025 before the Additional Sessions Court, Thiruvananthapuram, filed this Crl.M.C under Section 528 BNSS, challenging Annexures- 4 and 5 orders.

2. The above MC was filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act. As per Annexure-1 order, the learned Magistrate passed various orders, including a direction to the petitioner to pay monthly maintenance of Rs.7,000/- to his wife and Rs.1,500/- each to his two minor children. It appears to be an exparte order. The application filed by the petitioner to set aside the exparte order was allowed by the learned Magistrate as per Annexure-2 order with a condition to pay a cost of Rs.3,000/-. Since the petitioner failed to comply the said order, the application to set aside the exparte order was dismissed by the learned Magistrate.

3. As per Annexure-4 order, the learned Magistrate dismissed the application filed by the petitioner for extending time for payment of costs. As per Annexure-5 order, the learned Sessions Judge directed the petitioner to pay 50% of the arrears of maintenance as a condition for staying the execution proceedings.

4. The petition was opposed by the learned counsel for the respondent and he also filed a counter affidavit.

5. The petitioner is not disputing the marriage as well as the paternity of the children. In the above circumstances, he is liable to pay maintenance to his wife and children.

6. After hearing the counsel on both sides, I hold that this Crl.M.C can be allowed in case the petitioner is ready to pay atleast a portion of arrears of maintenance due to his wife and children.

Therefore, this Crl.M.C is allowed on condition that the petitioner shall pay 50% of the arrears of maintenance as ordered by the learned Magistrate till date and continue to pay the same at the above rate. Arrears of 50% of the maintenance till date is to be deposited or paid within a period of one month from today. If the petitioner complies the above condition, the learned Magistrate shall restore the MC and dispose of the same on merits. In case the petitioner fails to comply the above condition, this Crl.M.C will stand dismissed.