Timely Payment and Fair Process Are Essential in Maintenance Cases: Madras High Court

High Court of Judicature at Madras Orders Full Payment of Maintenance Arrears and Continues Interim Support for Minor Child . The High Court of Judicature at Madras, in a recent judgment, directed the respondent to deposit the entire arrears of maintenance for the minor petitioner, J. Angel, and to continue paying interim maintenance. The decision, delivered by Justice M. Dhandapani on June 26, 2024, underscores the importance of fair process and timely payments in maintenance cases.

The case involves a criminal revision filed by minor J. Angel, represented by her grandmother and legal representative, P. Shanthi. The petitioner challenged the order in Crl.M.P.No.349 of 2023 in M.C.No.652 of 2019 dated August 24, 2023, by the I Additional Family Court, Chennai. The primary issue is the maintenance for J. Angel following the death of her mother and her current custody under her grandmother.

The trial court had previously Issued an ex-parte order directing the respondent, C. Johnson, to pay Rs. 25,000 per month as maintenance to the minor petitioner. Aggrieved by this, the respondent sought to set aside the ex-parte order, resulting in the trial court allowing his petition with a direction to pay costs of Rs. 5,000 to the minor petitioner.

Justice Dhandapani directed the respondent to deposit the entire arrears of maintenance at a reduced interim rate of Rs. 5,000 per month within two weeks and continue this monthly payment until the disposal of the maintenance case. The court noted, “In view of the fair submissions made by the learned counsel appearing for the parties, the respondent/father is directed to deposit the entire arrears of maintenance at the rate of Rs. 5,000/- per month to the credit of M.C.No.652 of 2019 on the file of the learned I Additional Family Court, Chennai, within a period of two weeks from the date of receipt of a copy of this order.”

The High Court also directed the trial court to expedite the disposal of the maintenance case, emphasizing that the case should be resolved on its merits within three months. “The trial court is directed to dispose of the maintenance case in M.C.No.652 of 2019 on merits and in accordance with law, within a period of three months thereafter,” the judgment stated.

The High Court’s ruling is grounded in the principles of fair process and the child’s welfare. By modifying the earlier ex-parte order and ensuring the respondent’s compliance with interim maintenance, the court balanced the interests of both parties. The judgment also reflects adherence to Sections 125 and 126(2) of the Code of Criminal Procedure, which govern maintenance orders and their modifications.

The High Court’s decision to enforce the timely payment of maintenance arrears and ensure interim support for the minor petitioner highlights the judiciary’s commitment to protecting the welfare of children in custody disputes. This judgment sets a significant precedent for similar cases, reinforcing the necessity for a fair process and timely financial support in maintenance disputes.

Date of Decision: June 26, 2024

Minor J. Angel represented by her Grandmother/legal representative P. Shanthi vs. C. Johnson