Dilipseshan vs Guna,

CRP No. 813 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-10-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
CRP No. 813 of 2022
and CMP Nos. 3375 of 2024 & 4088 of 2022
CNR: {HCMA010361862022}
Dilipseshan
S/o.Prabakaran, No.28, 5th Cross Street, Kurinji
Nagar Extension, Lawspet, Puducherry.
..Petitioner(s)
Vs
Guna,
W/o.Dilipseshan, D/o.Kannan, Pudhuppoola
Medu, (Nanjanur Post), Chidambaram Taluk.
..Respondent(s)
PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of
India, to set aside the fair and final order passed in I.A.No.71 of 2021 in HMOP
No.52 of 2019 on the file of Sub Court, Chidambaram, dated 20.09.2021.
For Petitioner(s): Mr.Gokulnath.R
For Respondent(s): Mr.J.Ravi Kumar
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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CRP No. 813 of 2022
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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CRP No. 813 of 2022
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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CRP No. 813 of 2022
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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CRP No. 813 of 2022
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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CRP No. 813 of 2022
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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CRP No. 813 of 2022
To
The Sub Court, Chidambaram.
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CRP No. 813 of 2022
N.ANAND VENKATESH, J.
SSR
CRP No. 813 of 2022
29-10-2026
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