KUPPUSAMY Vs. MADESWARI

JUDGEMENT

(1.) The petitioner has come forward with this Criminal Revision Case aggrieved by the order passed by the trial Court directing the petitioner to pay the past maintenance to the respondent.

(2.) According to the revision petitioner, the respondent herein has filed M.C. No. 9 of 1992 seeking maintenance. The trial Court, by an order dated 28.09.1994, directed the petitioner to pay maintenance to the respondent at the rate of Rs.500/ - per month from 04.12.1992, being the date of filing of the petition. Aggrieved by the same, the petitioner has filed Crl.R.C. No. 745 of 1994 before this Court. This Court, by an order dated 06.11.1996 modified the order passed by the trial Court in so far as quantum of maintenance amount is concerned by reducing it from Rs.500/ - per month to Rs.400/ - per month. According to the respondent, from 04.12.1992 till 04.08.2008, the petitioner did not pay the maintenance amount for about 188 months which works out to Rs.75,200/ -.

(3.) It is seen from the records that even prior to the order dated 06.11.1996 passed by this Court in Crl.R.C. No. 745 of 1994 reducing the quantum of maintenance amount from Rs.500/ - to Rs.400/ -, the respondent has filed an application under Section 125 of Cr.P.C. calculating the arrears payable by the petitioner at the rate of Rs.500/ - per month and sought for a direction to the petitioner to pay a sum of Rs.94,000/ -. After the order dated 06.11.1996 was passed by this Court, the respondent has filed the instant application in C.M.P. No. 3452 of 2008 in M.C. No. 9 of 1992 before the trial Court claiming past maintenance at the rate of Rs.400/ - per month for 188 months which works out to Rs.75,200/ -. The trial Court, taking into consideration the earlier order passed by it and also the modified order passed by this Court, has passed the order dated 29.06.2009 directing the petitioner to pay the past maintenance amount to the respondent. Aggrieved by the same, the petitioner has filed the present Criminal Revision Case.