IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.07.2024 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.R.C.Nos.1614 and 1615 of 2023 And Crl.M.P.Nos.15086 and 15087 of 2023 Yashpal Sharma ... Petitioner in both the Crl.R.Cs.

Vs.

Poonam ... Respondent in both the Crl.R.Cs.

Prayer in Crl.R.C.No.1614 of 2023:

Criminal Revision Case filed under Section 397 read with 401 of Criminal Procedure Code, seeking to set aside the order dated 02.08.2023 passed in M.P.No.341 of 2023 in M.C.No.354 of 2018 on the file of the Hon'ble III Additional Principal Family Judge, V Additional Family Court (FAC), Chennai.

Prayer in Crl.R.C.No.1615 of 2023:

Criminal Revision Case filed under Section 397 read with 401 of Criminal Procedure Code, seeking to set aside the order dated 02.08.2023 passed in M.P.No.204 of 2023 in M.C.No.354 of 2018 on the file of the Hon'ble III Additional Principal Family Judge, V Additional Family Court (FAC), Chennai.

For Petitioner : Mr.Suyesh Palande For Respondent : Mr.R.Nandakumar

C O M M O N O R D E R

Crl.R.C.No.1614 of 2023 has been filed seeking to set aside the order dated 02.08.2023 passed in M.P.No.341 of 2023 in M.C.No.354 of 2018 by the learned III Additional Principal Family Judge, V Additional Family Court (FAC), Chennai.

2.Crl.R.C.No.1615 of 2023 has been filed seeking to set aside the order dated 02.08.2023 passed in M.P.No.204 of 2023 in M.C.No.354 of 2018 on the file of the learned III Additional Principal Family Judge, V Additional Family Court (FAC), Chennai.

3.The learned counsel for the petitioner submitted that the petitioner is the husband and the respondent is the wife. There was matrimonial dispute between them and the petitioner filed H.M.O.P.No.24 of 2016 before the learned III Civil Judge, Senior Division, Osmanabad, Maharashtra and an exparte decree was passed in his favour on 01.09.2018. Subsequently, the respondent filed maintenance case under Section 125 of Cr.P.C. in M.C.No.354 of 2018 before the V Additional Family Court, Chennai and the same was allowed and an exparte order was passed on 13.06.2019 directing the petitioner to pay a sum of Rs.40,000/- per month (Rs.20,000/- to the respondent and Rs.20,000/- to their daughter) to the respondent towards maintenance.

4.The learned counsel for the petitioner further submitted that thereafter, the respondent filed Crl.M.P.No.1057 of 2019 seeking to direct the petitioner to pay the arrears of maintenance amount of Rs.4,80,000/- for the period from 20.08.2018 to August, 2019 and thereafter non bailable warrant was issued against the petitioner. Thereafter, the petitioner filed M.P.No.341 of 2023 under Section 70(2) of Cr.P.C. seeking to recall the warrant and also filed M.P.No.204 of 2023 under Order 126(3) of Cr.P.C. seeking to set aside the exparte order dated 13.06.2019 and the learned III Additional Principal Family Judge, V Additional Family Court (FAC), Chennai vide common order dated 02.08.2023 dismissed both the petitions.

5.The learned counsel for the petitioner further submitted that the inorder to give quietuss to the issue, the petitioner is ready to pay a sum of Rs.20,000/- (Rs.10,000/- to the respondent and Rs.10,000/- to their daughter) towards monthly interim maintenance and is also ready to deposit the entire arrears amount from the date of petition to till date and prayed that this Court may direct the Court below to restore the maintenance case on file and to dispose of the same within a time frame, after the petitioner deposits the entire arrears amount.

6.The learned counsel appearing for the respondent raise no serious objection.

7.Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondent.

8.In view of the consent view expressed by the learned counsel appearing on either side, the order dated 02.08.2023 passed in M.P.Nos.341 of 2023 and 204 of 2023 in M.C.No.354 of 2018 by the learned III Additional Principal Family Judge, V Additional Family Court (FAC), Chennai, is set asid