COMMON ORDER

1. These three Criminal Revision Cases arise out of three separate execution proceedings initiated by the respondents for recovery of maintenance arrears awarded under the Protection of Women from Domestic Violence Act, 2005, in M.C.No.19 of 2015 on the file of the learned Judicial Magistrate, Thiruvaiyaru.

2. Since the parties are one and the same, the foundational order in M.C.No.19 of 2015 is common, the questions of fact and law raised are identical, and the impugned orders were passed on the same date, namely 30.01.2026, all the three revisions are taken up together and are disposed of by this common order.

3. The revisions challenge the following orders:

Factual background:

4. The petitioner and the first respondent contracted marriage on 08.04.2012 at Boodalur, Thanjavur District. Out of the wedlock, the second respondent child was born on 09.09.2013.

5. Matrimonial discord arose between the parties at an early stage. The wife lodged a criminal complaint in Crime No.3 of 2013 on the file of the All Women Police Station, Thiruvaiyaru. Simultaneously, matrimonial proceedings were initiated by the petitioner husband in H.M.O.P.No.186 of 2013 before the learned Sub Court, Thanjavur. The said proceedings admittedly did not culminate in any relief to the petitioner.

6. Thereafter, the wife instituted proceedings under the Protection of Women from Domestic Violence Act, 2005 in M.C.No.19 of 2015 before the learned Judicial Magistrate, Thiruvaiyaru. Upon full-fledged enquiry, the learned Judicial Magistrate passed a final order on 05.12.2020 directing the petitioner to pay:

(i) Rs.4,000/- per month towards maintenance;

(ii) Rs.2,000/- per month towards rental expenses; and

(iii) Rs.20,000/- towards litigation expenses.

7. The petitioner did not comply with the said order. Though the petitioner attempted to challenge the order before the learned Sessions Court by filing a delayed appeal, the learned Appellate Court directed deposit of 20% of the maintenance arrears as a condition precedent for entertaining the delay petition in Cr.M.P.No.451 of 2023 in an unfiled criminal appeal.

8. Admittedly, the petitioner failed to comply with the said conditional order. Consequently, the delay petition itself came to be dismissed on 05.08.2023. Thus, the maintenance order dated 05.12.2020 attained finality.

Execution proceedings:

9. Since the petitioner continuously defaulted in payment of maintenance, the respondents initiated successive execution petitions.

(A) Cr.M.P.No.987 of 2021

10. This petition related to maintenance arrears from 05.10.2015 to 05.03.2021 amounting to Rs.4,10,000/-. During execution proceedings, the petitioner paid only Rs.8,000/-. The balance arrears remained at Rs.4,02,000/-.

(B) Cr.M.P.No.3470 of 2022;

11. This petition related to arrears from 05.03.2021 to 05.03.2022 amounting to Rs.72,000/-. The petitioner paid Rs.25,000/-. The balance remained Rs.47,000/-.

(C) Cr.M.P.No.1247 of 2023:

12. This petition related to arrears from 05.03.2022 to 05.03.2023 amounting to Rs.72,000/-. The petitioner paid only Rs.4,000/-. The balance remained Rs.68,000/-. Finding persistent and wilful default, the learned Magistrate ordered imprisonment under Section 125(3) Cr.P.C. and directed payment of arrears. Aggrieved thereby, the present revisions have been filed.

Grounds of revision:

13. The principal grounds raised by the petitioner may be summarised as follows:

(a) the petitioner is only a coolie worker and has no sufficient means;

(b) summons were not properly served in the execution petitions;

(c) the first respondent is employed as a nurse and is economically independent;

(d) the Domestic Violence proceedings themselves were not maintainable;

(e) the D.V. proceedings were barred by limitation;

(f) imprisonment for non-payment is excessive and unsustainable.

Submissions of the petitioner:

14. The learned counsel for the petitioner would contend that the petitioner is an uneducated agricultural labourer with no pe