R. DAVID Vs. G. PREMALATHA

JUDGEMENT

(1.) The petitioner filed this criminal revision case to set aside the order, dtd. 28/8/2022 in M.C.No.685 of 2021 in M.C.No.526 of 2019 passed by the learned III Additional Principal Judge, III Additional Principal Family Court at Chennai.

(2.) The case is that on 12/5/2011, the petitioner between the petitioner and the 1st respondent was solemnized as per Christian Marriage Act. Thereafter, they were living as husband and wife in the petitioner's house. The 1st respondent was unable to withstand the ill-treatment given by the petitioner's mother. Despite the same, the 1st respondent tolerated to protect the matrimonial life. The 1st respondent got conceived and she went to her parental home for delivery of the child, the 2nd respondent viz., Baby Tamil Smitha was born to them on 29/1/2012. The petitioner informed that he would find a new home and would take the respondents, since it was not possible for the respondents to live in a cordial atmosphere with the petitioner's mother. The petitioner filed divorce petition in I.D.O.P.No.42 of 2014 before the learned Principal District Judge, Thiruvallur on the ground of cruelty. The 1st respondent denied the allegations and also sought for reunion. During the month of July 2016, the petitioner informed the 1st respondent that he would withdraw the divorce case and take back the respondents along with him immediately after identifying a separate home. In the meanwhile, the petitioner was visiting the respondents occasionally and later, the petitioner failed to visit them and take care of them. The respondents went to the petitioner's house where they were prevented by the petitioner's mother informing that there is no relationship between them as husband and wife and an exparte order in I.D.O.P.No.42 of 2014 was decreed on 29/1/2016.

(3.) The 2nd respondent is now studying in M/s.Jessy Moses School, Anna Nagar and the 1st respondent had to meet out the fee around one lakh apart from uniform, books and transport charges and others expenses. The 1st respondent having no source to support the 2nd respondent, filed a maintenance petition in M.C.No.526 of 2019. The petitioner is employed in Southern Railway as Senior AC Technician having monthly income of Rs.55,000.00 to Rs.60,000.00. In the said maintenance case, the petitioner was set exparte on 3/2/2020. The Family Court awarded the decree against the petitioner directing to pay maintenance of Rs.15,000.00 per month from 30/8/2019. Thereafter, the respondents filed a petition seeking attachment of the petitioner's salary in M.P.No.380 of 2022. On 14/10/2022, the attachment was ordered. In the meanwhile, the petitioner filed M.P.No.685 of 2021 under Sec. 126(2) Cr.P.C., to set aside the exparte order in M.C.No.526 of 2019, dtd. 30/2/2022. The Family Court passed conditional order on 23/12/2021 directing the petitioner to pay a sum of Rs.2,25,000.00 on or before 27/1/2022. But this conditional order was not complied with. Instead the petitioner filed a petition to set aside the conditional order. Since the conditional order was not complied, the request of the petitioner was rejected by order, dtd. 28/8/2022, against which, the petitioner filed the above Criminal Revision Case.