Crl.R.C.No.291 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 30.03.2023

PRONOUNCED ON: 21.04.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.R.C.No.291 of 2022

and

Crl.M.P.Nos.3028 & 9397 of 2022

Annadurai

...

Petitioner

/vs/

Jaya

...

Respondent

PRAYER : Criminal Revision Case has been filed under Sections 397 read

with 401 of Code of Criminal Procedure to allow the above criminal

revision case by setting aside the fair and decreetal order dated 23.11.2021

passed in CMP No.2529/2021 in M.C.No.1 of 2014 on the file of the

Judicial Magistrate Court No.II, Madurantagam.

For Petitioner

... Mr.K.Govi Ganesan

For Respondent

... R.Amburaj

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Crl.R.C.No.291 of 2022

ORDER

Challenging the impugned order dated 23.11.2021 passed in CMP

No.2529 of 2021 in M.C.No.1 of 2014 by the learned Judicial Magistrate

No.II, Madurantagam, the present criminal revision case has been filed.

2.The fact of the case is that the petitioner is the husband. The

respondent is the mother-in-law of the petitioner. The petitioner married

the respondent's daughter Saraswathi in the year 1991. Due to

misunderstanding, they separated. The petitioner/ husband by filing a

divorce petition under Section 13 (1)(i) (b) of Hindu Marriage Act before

the Sub Court, Seyyur, got a divorce decree by an order dated 20.01.2005.

Thereafter, Saraswathi filed a maintenance case in M.C.No.1 of 2014

before the Judicial Magistrate No.II, Madurantagam. After trial of the

maintenance case, the learned Judge awarded a monthly maintenance of

Rs.7,500/- payable by the petitioner/husband to his wife Saraswathi on

22.01.2021 and the amount was ordered to pay from the date of petition i.e.

on 04.01.2014. Thereafter, his wife Saraswathi filed a maintenance

application in M.C.No.1 of 2014 and got maintenance order.

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Crl.R.C.No.291 of 2022

For collecting the arrears of maintenance, the wife Saraswathi filed an

application in CMP.No.678 of 2021 in M.C.No.1 of 2014 before the

Judicial Magistrate No.II, Maduranthagam. In the petition, she claimed the

arrears of maintenance amount of Rs.6,37,500/-. Pending petition, the wife

Saraswathi died on 05.06.2021. Thereafter, her mother filed CMP.No.2529

of 2021 to implead her as a petitioner and to permit her to recover the

arrears of maintenance amount of Rs.6,22,500/-. The learned Judge, after

hearing both the parties, allowed the petition for impleading the mother-in-

law of the petitioner as petitioner for collecting the arrears of maintenance

amount of Rs.6,22,500/- on the ground that she all along acted as a

guardian to the deceased wife Saraswathi as she was mentally affected and

also a legal heir to the deceased daughter. Aggrieved by this order, the

petitioner/husband filed the present criminal revision case, which is under

challenge.

3.The learned counsel for the petitioner would submit that the

relationship of the parties is not disputed. The wife Saraswathi, who is the

petitioner in the maintenance case, died on 05.06.2021. The maintenance is

the personal right of the petitioner's wife. On her death, that right

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Crl.R.C.No.291 of 2022

extinguished, no cause of action has survived. Since the right to claim

maintenance would not have survived on her death, her mother is not

competent to continue the proceedings and not entitled to claim arrears of

maintenance from the husband of the deceased her daughter. Therefore, the

respondent mother-in-law would not be impleaded in the place of his wife

Saraswathi to collect the arrears of maintenance. Hence, the impugned

order is unsustainable and it is to be set aside and the criminal revision

case has to be allowed.

4.In support of his argument, the learned counsel for the petitioner