S SHEEMA Vs. B T SELVAM

JUDGEMENT

(1.) BY consent order dated 20. 9. 2002, passed in F. C. O. P. No. 1677 of 2002, the learned II Additional Principal judge, Family Court, Chennai, directed the husband who is the first respondent herein to pay a sum of Rs. 1,500 every month to the petitioners herein who are his daughters till his retirement from service. Since the first respondent has committed default in payment of the said amount, the petitioners had filed Execution Proceedings in E. P. No. 53 of 2004 and totally received a sum of rs. 27,000. Since the arrears has not been paid, the above petition seeking a direction to arrest the respondents for contempt of court has been, filed.

(2.) MRS. T. Mary Pappa Jebamani, the mother of the petitioners appeared in person and on receipt of notice from this Court, mr. K. Kannan learned counsel appeared for the first respondent and Mr. N. Duraisamy, learned Legal Aid Counsel appeared for the second respondent.

(3.) MR. K. Kannan, learned counsel appearing for the first respondent submitted that totally a sum of Rs. 85,500 was due from february 2003 and admittedly a sum of Rs. 27,000 has been paid during the course of the Execution Proceedings. The learned counsel further offered to pay a sum of Rs. 20,000 towards arrears and submitted that a direction may be issued to the second respondent, the employer of the first respondent, to deduct a sum of Rs. 1,500 per month from his salary towards the amount payable by the first respondent every month as per the consent order dated 20. 9. 2002 and a further sum of Rs. 1,500 every month towards the remaining arrears of Rs. 38,500 till the arrears is wiped out.