Crl.R.C.Nos.666, 667 and 796 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 12.06.2023

PRONOUNCED ON: 27.06.2023

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

Crl.R.C.Nos. 666, 667 & 796 of 2022

K.Raja Rao

...

Petitioner in

all Crl.R.Cs.

/vs/

1.N.P.Lakshmi

2.Tejashree Kolluri

...

Respondents in

Crl.R.Cs.

PRAYER in Crl.R.C.Nos.666 & 667 of 2022: Criminal Revision Case

has been filed under Sections 397 & 401 of the Code of Criminal

Procedure to call for records and set aside the order passed by the learned

VII Additional Family Court at Chennai in M.P.Nos.1144 of 2018, 1115 of

2019 in M.C.No.238 of 2016 dated 23.05.2022.

PRAYER in Crl.R.C.No.796 of 2022: Criminal Revision Case has been

filed under Sections 397 & 401 of the Code of Criminal Procedure to set

aside the order dated 22.04.2022 of the learned VII Additional Family

Court at Chennai in M.P.No.80 of 2020 in M.C.No.238 of 2016.

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Crl.R.C.Nos.666, 667 and 796 of 2022

For Petitioner

... Mr.B.Rajkumar Ashok Singh

in all Crl.R.Cs.

for Mr.S.Sasikumarr

For Respondent

... Mr.B.Sharmila

in Crl.R.Cs.

COMMON ORDER

Challenging the impugned orders dated 23.05.2022 & 22.04.2022

passed in M.P.Nos.1144 of 2018, 1115 of 2019 & M.P.No.80 of 2020 in

M.C.No.238 of 2016 by the learned VII Additional Family Judge at

Chennai, these criminal revision cases have been filed.

2. The fact of the case is that the petitioner and the first respondent

are husband and wife. The second respondent is their daughter. The first

respondent/wife had filed a maintenance case in M.C.No.238 of 2016

against the petitioner on the file of the VII Additional Family Court at

Chennai seeking monthly maintenance of Rs.1,50,000/-. Against which,

the petitioner/husband had also filed a divorce petition in H.M.O.P.No.145

of 2017 before the civil Judge at Kandukur District, Prakasam, Andhra

Pradesh, subsequently, it was transferred as per the Hon'ble Supreme Court

order in Transfer Petition (Civil) No.2042 of 2018 to the VII Additional

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Crl.R.C.Nos.666, 667 and 796 of 2022

Family Court at Chennai. In the maintenance case, the learned Judge

passed an exparte order on 27.04.2018 directing the petitioner/husband to

pay a sum of Rs.40,000/- to the first respondent/wife and a sum of

Rs.30,000/- to the second respondent/daughter as maintenance for every

month from the date of petition. Thereafter, the first respondent/wife filed a

petition in M.P.No.1144 of 2018 under Section 128 Cr.P.C. for issuing

direction to the petitioner/husband to pay a sum of Rs.21,00,000/- as

arrears of maintenance at the rate of Rs.70,000/- per month for the period

from 25.05.2016 to 24.11.2018 and further filed an another petition in

M.P.No.1115 of 2019 under Section 128 Cr.P.C. for a direction to the

petitioner/husband to pay a sum of Rs.7,70,000/- towards arrears of

maintenance at the rate of Rs.70,000 per month for the period from

26.11.2018 to 26.10.2019. By a common order, the learned judge allowed

the two petitions and sentenced the petitioner/husband to undergo one

month simple imprisonment under Section 125 (3) Cr.P.C. in each petition

for his default payment of arrears of maintenance of Rs.21,00,000/- and

7,70,000/- for the period from 25.05.2016 to 24.11.2018 & 26.11.2018 to

26.10.2019 respectively at the rate of Rs.70,000/- per month and ordered

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Crl.R.C.Nos.666, 667 and 796 of 2022

two imprisonment consecutively. The petitioner/husband filed a petition in

M.P.No.80 of 2020 in M.C.No.238 of 2016 to condone the delay of 48

days in filing application and set aside the exparte decree in M.C.No.238

of 2016. The said condone delay petition was allowed on 22.04.2022 by

the learned Judge with the following conditions:

“Petition and respondent