1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.95 of 2011 and M.P.(MD).No.1 of 2011 S.Murugappan ... Petitioner /Respondent Vs. M.Dhanalakshmi ... Respondent / Petitioner Prayer: Criminal Revision Petition filed under Section 397 r/w. 401 of Cr.P.C. against the order dated 11.01.2011 made in Cr.M.P.No.317 of 2010 in M.C.No.21 of 2008 on the file of Judicial Magistrate, Devakottai. For Petitioner : M/s. G.R.Swaminathan For Respondent : Mr.V.V.Ramachandran O R D E R The revision petitioner is the husband of the respondent. The respondent has filed M.C.No.21 of 2008 on the file of the Court of Judicial Magistrate, Devakottai under Section 125 of Cr.P.C claiming maintenance at the rate of Rs.10,000/- per month. The Court of Judicial Magistrate, Devakottai vide order dated 20.09.2010, ordered the revision petitioner herein to pay a sum of Rs.5,000/- per month and also pay the arrears from the date of filing of the petition. 2. The revision petitioner aggrieved by the same, filed C.R.P.No.1503 of 2009 on the file of the Court of Sessions Judge, Sivagangai and the same is pending. Pendency of this revision, the respondent/wife filed Cr.M.P.No.317 of 2010 under Section 125(3) of Cr.P.C. praying for appropriate direction directing the revision petitioner, who is the respondent herein to deposit a sum of Rs.1,30,000/- being the arrears of maintenance. Challenging the vires of the said order, the present revision petition is filed. 3. The learned counsel for the petitioner would submit that admittedly the revision petitioner herein filed H.M.O.P.No.89 of 2007 on the file of the Court of Subordinate Judge, Devakottai for divorce and pending disposal of the said application, the respondent herein filed an application under Section 124 of the Hindu Marriage Act and as per the order, he has paid a sum of Rs.1,70,000/-. It is further submitted by the learned counsel for the revision petitioner that for the same period, the respondent claiming maintenance under Section 125(3) of Cr.P.C. and without giving opportunity to the petitioner to contest the petition filed under Section 125(3) of Cr.P.C., the lower Court straight away ordered the payment and the same is unsustainable. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Per contra, the learned counsel appearing for the respondent would submit that after adjusting the maintenance amount paid in Cr.M.P.No.317 of 2010, the revision petitioner is liable to pay a sum of Rs.25,000/-. 5. This Court after taking into consideration is of the view that the petitioner on depositing a sum of Rs.20,000/- to the credit of M.C.No.21 of 2008 on the file of the Court of Judicial Magistrate, Devakottai, the impugned order can be set aside and one more opportunity is to be given to the respondent to contest Cr.M.P.No.317 of 2010. 6. In response to the said statement, the learned counsel for the revision petitioner on instructions would submit that without prejudice to his rights and contentions, the revision petitioner will deposit a sum of Rs.20,000/- to the credit of M.C.No.21 of 2008 and on compliance, the main revision petition in C.R.P.No.1503 of 2009 pending on the file of the Court of Sessions Judge, Devakottai may be directed to be expedited. 7. The Court heard the submission of the learned counsel for the respondent also. 8. This Court taking into consideration the rival submission, is passing the following order: 9. The revision petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of M.C.No.21 of 2008 on the file of the Court of Judicial Magistrate, Devakottai on or before 09.05.2011. 10. On compliance of the above said condition, the petitioner is required to produce the necessary receipt before the Court of Sessions Judge, Sivagangai. The Court of Sessions Judge, Sivagangai on receipt of proof of compliance, is directed to dispose of the C.R.P.No.1503 of 2009 as expeditiously as possible not later than on or before 10.08.2011. 11. If the revision petitioner fails to comply with the above said order, the revision petition would stand automatically dismissed and the order dated 11.01.2011 made in Crl.M.P.No.317 of 2010 in M.C.No.21 of 2008 on the file of the Court of Judicial Magistrate, Devakottai stands confirmed. The revision petition is disposed of accordingly. Consequently, the connected Miscellaneous petition is closed. Sd/ Deputy Registrar(LA) /True Copy/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1. The Judicial Magistrate, Devakottai. 2. The Sessions Judge, Sivagangai +1cc to Mr.G.R.Swaminathan, Advocate, Sr.No.13509 +1cc to Mr.V.V.Ramachandran, Advocate, Sr.No.13328 Copy to: The Section Officer, Crl.Section Madurai Bench of Madras High Court, Madurai Crl.R.C.(MD)No.95 of 2011 09.04.2011 akv SMA/27.04.2011/6C/3P https://hcservices.ecourts.gov.in/hcservices/