The obligation of a spouse to provide maintenance under Section 125 of the Cr.P.C. was emphasized, especially for arrears.

C O M M O N O R D E R

Crl.R.C.No.1126 of 2023 has been filed seeking to set aside the common order dated 17.04.2023 made in Cr.M.P.No.53 of 2020 and Cr.M.P.No.52 of 2021 in Cr.M.P.No.12 of 2014 in M.C.No.1 of 1991 by the Family Court, Dharmapuri.

2.Crl.R.C.No.597 of 2022 has been filed seeking to set aside the order dated 17.03.2021 made in Cr.M.P.No.53 of 2020 in M.C.No.1 of

1991 by the Family Court, Dharmapuri.

3.The learned counsel for the petitioner submitted that the petitioner is the husband and the respondent is the wife. The respondent filed maintenance case under Section 125 of Cr.P.C. in M.C.No.1 of 1991 before the Family Court, Dharmapuri and the same was ordered on 12.02.1992 directing the petitioner to pay a sum of Rs.200/- per month to the respondent towards maintenance. Thereafter, the respondent filed Cr.M.P.No.12 of 2014 seeking enhancement in maintenance and the same was allowed on 09.02.2015 directing the petitioner to pay a sum of Rs.2,500/- per month towards maintenance. Thereafter, the respondent filed Cr.M.P.No.161 of 2017 seeking further enhancement in maintenance and the same was dismissed on 20.12.2019.

4.The learned counsel for the petitioner further submitted that the the respondent filed Cr.M.P.No.53 of 2020 for collection of arrears maintenance amount of Rs.70,000/- for the period from 01.10.2017 to 31.01.2020 from the petitioner and the Court below vide order dated 17.03.2021 observed that the petitioner has to pay a sum of Rs.60,000/- in the future hearing date. Challenging the same, Crl.R.C.No.597 of 2022 has been filed.

5.The learned counsel for the petitioner further submitted that thereafter the respondent filed Cr.M.P.No.52 of 2021 for collection of arrears maintenance amount of Rs.30,000/- for the period from March, 2020 to February, 2021 and the Court below heard Cr.M.P.No.53 of 2020 and Cr.M.P.No.52 of 2021 together and vide common order dated 17.04.2023, allowed the said petitions and the petitioner was directed to pay a sum of Rs.70,300/-. Challenging the same, Crl.R.C.No.1126 of 2023 has been filed.

6.The learned counsel for the petitioner further submitted that during the pendancy of these revisions, the petitioner deposited 50%

of the arrears amount and further submitted that the petitioner will deposit balance 50% of the arrears amount within a period of four weeks from the date of receipt of a copy of this order.

7.In view of the above, this Court directs the petitioner to deposit the entire arrears amount as per the order dated 17.04.2023 made in Cr.M.P.No.53 of 2020 and Cr.M.P.No.52 of 2021 in Cr.M.P.No.12 of 2014 in M.C.No.1 of 1991 by the Family Court, Dharmapuri, before the Court below, less the amount already deposited, within a period of four weeks from the date of receipt of a copy of this order.

8.The criminal revision cases are accordingly disposed of. Consequently, the connected miscellaneous petitions are closed.

10.04.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To

1.The Family Court, Dharmapuri.

M.DHANDAPANI,J.

pri and 597 of 2022 And Crl.M.P.Nos.8837 of 2023 and 6294 of 2022

10.04.2024