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2024 Supreme(Online)(MAD) 12635

HIGH COURT OF MADRAS
N. ANAND VENKATESH, J
GAYATHIRI – Appellant
Versus
DHARMARAJA – Respondent


O R D E R

This criminal original petition has been filed seeking for transfer of FC CMP No.270 of 2023 in F.C.M.C.No.33 of 2017 pending on the file of the learned Family Court, Chengalpattu to any other competent Court.

2.The grievance of the petitioner is that the main order was passed in the maintenance case directing the respondent to pay a sum of Rs.15,000/- per month as maintenance. The same was challenged in Crl.R.C.No.884 of 2023 and this revision is pending before this Court. However, this Court did not grant any interim order staying the operation of the order passed in the maintenance case. Thus, there is a huge arrears of maintenance that is due and payable by the respondent from the year 2017 onwards. Out of the sum of Rs.9,45,000/- only a sum of Rs.1,40,000/- has been paid till March 2023.

3.In view of the above, the petitioner had a filed petition seeking for issuance of distress warrant against the respondent for the non-payment of the maintenance amount. However, this petition was not taken up for hearing by the Court below on the ground that there are pending miscellaneous petitions filed for recovery of maintenance amount. Hence, the petitioner has approached this Co

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