CRP/813/2022 of Dilipseshan Vs Guna on 29 October 2026

ORDER

This Civil Revision Petition has been filed under Article 227 of the Constitution of India challenging the fair and decreetal order dated 20.09.2021 passed in I.A.No.71 of 2021 in HMOP No.52 of 2019 on the file of Sub Court, Chidambaram, wherein the Court below, based on the application filed by the respondent under Section 24 of the Hindu Marriage Act, 1955, was pleased to

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fix the monthly maintenance at Rs.20,000/- payable to the respondent and Rs.10,000/- payable to the child and also directed to pay legal expenses of Rs.25,000/- to the respondent.

2. Heard the learned counsel for the petitioner and the learned counsel appearing on behalf of the respondent and carefully perused the materials available on record and this Court also carefully went through the order passed by the Court below.

3. The Civil Revision Petition was filed in the year 2022 and during the interregnum period, this Court passed an order on 04.04.2024 in the following terms: This is a case for maintenance. The wife who was successful in getting an order of maintenance of Rs.30,000/- per month commencing from 03.06.2019 is the respondent before this Court. The petitioner is the husband who is the defaulter to the tune of Rs.16,65,000/-.

2. Mr.J.Ravikumar, learned counsel for respondent has given a calculation to the Court which would show that pursuance to an order of this Court, a sum of Rs.4,50,000/- was paid by the civil revision petitioner to the respondent leaving a balance of Rs.12,15,000/-.

3. Taking note of the fact that a minor child is involved, for whom maintenance has not been paid, I enquired Mr.K.Anandharaja, learned counsel for the civil revision petitioner, as to when his client will pay the arrears of

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amount and normalise the situation without leaving any due. Mr.K.Anandharaja sought for a short pass-over, and as per telephonic instructions from his client, he submitted that his client will pay the entire amount of arrears on or before 14.06.2024.

4. Though Mr.J.Ravikumar is not willing for additional time to be granted, I feel that a reasonable time may be given to the petitioner to clear the amount, since the amount involved is slightly on the higher side. Therefore, the petitioner shall pay a sum of Rs.12,15,000/- on or before 14.06.2024, and shall continue to pay a sum of Rs.30,000/- every month as confirmed by the learned Subordinate Judge, Chidambaram. On payment of Rs.12,50,000/-, this Court can consider relaxing the order previously passed for lookout notice. Call on 18.06.2024.

4. The matter was thereafter listed on various occasions to ensure that the entire arrears of maintenance is paid up to date at the rate of Rs.30,000/- per month.

5. Ultimately, when the matter came up on 07.10.2026, it was informed to this Court that there was arrears of Rs.50,000/- which will be paid to the respondent within a week.

6. When the matter was taken up for hearing today, it is brought to the notice of this Court that the maintenance amount has been paid up to date at the rate of Rs.30,000/- per month. The apprehension raised on the side of the respondent is that the whereabouts of the petitioner are not known and that he

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has jumped bail and therefore, there is no assurance that the petitioner will continue to pay the monthly maintenance regularly. It is further submitted that the HMOP filed by the petitioner for dissolution of marriage came to be dismissed and the HMOP filed by the respondent for restitution of conjugal rights came to be allowed and that till date, the petitioner has not joined the respondent. Therefore, the counsel for the respondent requested this Court to direct the petitioner to furnish security of any immovable property to ensure that the respondent and the child are properly maintained.

7. The learned counsel for the petitioner assures this Court that the petitioner will pay the maintenance without fail.

8. Pursuant to the directions issued by this Court, an affidavit was filed by the petitioner before this Court and the relevant portions are extracted hereunder:

2. I respectfully submit that I am presently residing in the United States of America and my present residential address is as follows: 17228 Vestry Ct., Rockville MD 20855, UNITED STATES OF AMERICA

3. It is humbly submitted that I am filing this affidavit pursuant to the direction issued by this Hon'ble Court requiring me to disclose my present place of residence by way of an affidavit duly notarized in the United States of

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America.

4. It is humbly submitted that the particulars of my present residential address furnished herein are true and correct to the best of my knowledge and belief. It is further submitted that this affidavit is being duly notarized in the United States of America and sending the original copy is being forwarded to my learned counsel in India for filing before this Hon'ble Court, in compliance with the order dated 23.07.2025.

5. It is most humbly submitted that a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) is presently due and payable to the Respondent/Wife as on 13.09.2026, as per the calculation memo filed herein. The Petitioner hereby undertakes to pay the said outstanding arrears of maintenance amount of Rs. 1,50,000/- within a period of three weeks from the date of filing of this affidavit. It is further humbly submitted that the petitioner shall regularly pay the maintenance to the Respondent/Wife by crediting the same into the bank account furnished by her, on or before the 7th day of every succeeding month without default.

9. This Court does not want to go into the other issues regarding non- compliance of the condition when the bail was granted, since it will go beyond the scope of the present Civil Revision Petition.

10. This Court takes into consideration the undertaking given by the petitioner and it is made clear that the petitioner will continue to pay the monthly maintenance without fail and if there is any default or arrears, it is left open to the respondent to move a contempt application before this Court. All the other issues regarding dissolution of marriage, restitution of conjugal rights and

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non-compliance of bail condition, can be independently worked out by the respondent in the manner known to law.

11. In the result, this Civil Revision Petition stands disposed of in the above terms. No Costs. Consequently, the connected miscellaneous petitions are closed. 29-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SSR

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To The Sub Court, Chidambaram.

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N.ANAND VENKATESH, J. SSR CRP No. 813 of 2022 29-10-2026

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