Adv Arvind - Counter Maintenance Prabhu

BEFORE THE COURT OF HON’BLE JUDICIAL MAGISTRATE,
AT ARNI
Crl.M.P.No. of 2022
in
M.C.No.5 of 2014
1. Mrs.Saveetha
2. Kiruthika ….. Petitioners/Petitioners
-Vs-
1. S.Prabhu ….. Respondent/Respondent
2. Block Development Officer,

Chetpet. .. Respondent/Garnishee
COUNTER FILED BY AND ON BEHALF OF THE 1ST

RESPONDENT
I humbly submit that I am the 1 st respondent in the present

petition and the respondent in M.C.No.5 of 2014. As such, I am
well acquainted with the facts and circumstances of the case and
hence, filing this counter affidavit.
1. I submit that the petition filed by the petitioners and its

averments are all false, frivolous and vexatious and unsustainable
either in law or on facts and the same is liable to be dismissed. I
deny all the allegations of the petitioners except those that are
specifically hereunder.
2. I humbly submit that it is true that the marriage of the 1 st

petitioner and this respondent was solemnized on 11.02.2000 at
Sri Renukambal Temple, Padavedu and we have been blessed with
one male child and one female child. Unfortunately, the marriage
life of the 1st respondent was not lasted long.
3. I further submit that even after all my efforts, the

petitioner decided to desert me and accordingly, in the year 2012,
the petitioner deserted me along with the child. From that point of
time, I have been suffering a lot without anyone to take care of me
or to show love and affection towards me. However, to my shock,
the petitioner herein has filed a petition in M.C.No.5 of 2014 before
this Hon’ble Court seeking maintenance from me.
4. I further state that due to the pressures given by the 1 st

petitioner and her family members, I was frequently transferred to
several stations and thus, I could not be able to attend the court
proceedings properly. Further, I submit that as the sister of the 1 st
petitioner is a practicing advocate, my earlier counsels used to
collude with the petitioners and have not represented me
bonafidely. As a result, the petitioners were able to obtain a
exparte order in M.C.No.5 of 2014 as against me. I have filed a
petition to set aside the said exparte order and the same is
pending.
5. I further humbly submit that by an order dated

25.03.2015 in M.C.No.5 of 2014, this Hon’ble Court was pleased to
order me to pay a sum of Rs.8,000.00/- as monthly maintenance
to the petitioners therein. Subsequently, a petition in
Crl.M.P.No.2586 of 2019 was filed by the petitioners for
enhancement of maintenance and the same was allowed by this
Hon’ble Court.
6. I humbly submit that the allegations of the petitioners

that I was not paying the maintenance properly and I am
intentionally disobeying the order of this Hon’ble court by not
paying the maintenance amount to the petitioners, are all false
and are hereby completely denied.
7. I most respectfully submit that though due to my financial

constraints, I was not able to pay the maintenance on monthly
basis, I have been paying the maintenance to the petitioners in
lump sums, which the petitioners could not deny. As on date, I
have paid more than a sum of Rs.7,00,000.00/- towards the
maintenance of the petitioners. Even, very lately, the 1 st petitioner
has received a sum of Rs.1,20,000.00/- from me towards
maintenance, for which, the 1st petitioner has executed a memo of
receipt. I am filing the said memo of receipt along with this court
and the same may kindly be treated part and parcel hereof.
8. I further submit that the petitioners have already filed a

similar petition in Crl.M.P.No.13 of 2021 before this Hon’ble Court,
seeking attachment of salary. The said petition in Crl.M.P.No.13 of
2021 was allowed by this Hon’ble Court on 19.03.2021, after
setting me as exparte. Hence, filing another application with the
same prayer is barred by law and thus, the present application is
not maintainable and liable to be dismissed. Further I submit that
I have preferred an appeal as against the said order in
Crl.M.P.No.13 of 2021 Without prejudice to above contentions, I
submit that it is not inappropriate to state that the 1 st petitioner
herein is not entitled to any maintenance from me as she has
voluntarily deserted me without any valid reason or cause. As per
provisions known to law, the wife who has voluntarily deserted the
husband is not entitled to any maintenance from the husband.
Admittedly, the 1st petitioner has voluntarily deserted me in the
year 2012 without any reasons. Even after several attempts and
requests by me, the 1st petitioner refused to reunite with me.As
such, the 1st petitioner is not entitled to any maintenance from me.
9. However, obeying the order of this Hon’ble and for the

welfare of my children I have been paying maintenance to the
petitioners without any default. Further, I have always expressed
my willingness to pay the maintenance in cash to the petitioners
or by way of any mode as ordered by this Hon’ble.
10. I further submit that the very intention of the provision

125 (3) of Cr.P.C is to collect maintenance. When I am ready to pay
the maintenance, there is no just and necessary situation arouse
to attach my salary by a direction to the 2 nd
respondent/Garnishee. However, the only malafide intention of the
1st petitioner is to attach my salary. The reason behind the same is
best known to the 1st petitioner only.
11. I further humbly submit that I have filed a petition

seeking divorce on the ground of cruelty and desertion as against
the 1st petitioner herein on the file of the Hon’ble Subordinate
Judge, Cheyyar and the same is numbered as HMOP.No.36 of
2022 and pending for filing of counter.
12. Hence, I humbly submit that the 1st petitioner who has
voluntarily deserted my is not entitled any maintenance from me,
however, being the father of my children,
13. Therefore, as stated above there is no just and necessary

situation arouse to attach my salary, as I am always willing and
ready to pay the maintenance. Hence, for the reasons stated
above, I pray that this Hon’ble Court may kindly dismiss the
present petition and pass such or other orders that this Hon’ble
Court deem fit and proper under the facts and circumstances of
the case and thus render justice.
Dated at Arni on this the day of November 2022.
COUNSEL FOR THE 1ST RESPONDENT 1ST RESPONDENT
VERIFICATION
I, the 1st respondent herein do hereby declare that the above

mentioned facts are true to the best of my knowledge, belief and
information and upon that verification, I signed this counter at
Arni
1st RESPONDENT
BEFORE THE COURT OF HON’BLE
JUDICIAL MAGISTRATE, ARNI
Crl.M.P.No. of 2022
in
M.C.No.5 of 2014
1. Mrs.Saveetha
2. Kiruthika
….. Petitioners/Petitioners
-Vs-
1. S.Prabhu
….. Respondent/Respondent
2. Block Development Officer,

Chetpet.
….. Respondent/Garnishee
COUNTER FILED BY AND ON BEHALF OF

THE 1ST RESPONDENT
ADDRESS FOR SERVICE

M/S. S.ARAVINDKUMAR
S.GOPI
K.JEGADEESAN
COUNSEL FOR THE 1ST RESPONDENT

Adv Arvind - Counter Maintenance Prabhu

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BEFORE THE COURT OF HON’BLE JUDICIAL MAGISTRATE,

2. Block Development Officer,

COUNTER FILED BY AND ON BEHALF OF THE 1ST

I humbly submit that I am the 1 st respondent in the present

1. I submit that the petition filed by the petitioners and its

2. I humbly submit that it is true that the marriage of the 1 st

3. I further submit that even after all my efforts, the

4. I further state that due to the pressures given by the 1 st

5. I further humbly submit that by an order dated

6. I humbly submit that the allegations of the petitioners

7. I most respectfully submit that though due to my financial

8. I further submit that the petitioners have already filed a

9. However, obeying the order of this Hon’ble and for the

10. I further submit that the very intention of the provision

11. I further humbly submit that I have filed a petition

13. Therefore, as stated above there is no just and necessary

Dated at Arni on this the day of November 2022.

COUNSEL FOR THE 1ST RESPONDENT 1ST RESPONDENT

I, the 1st respondent herein do hereby declare that the above

2. Block Development Officer,

COUNTER FILED BY AND ON BEHALF OF

ADDRESS FOR SERVICE

COUNSEL FOR THE 1ST RESPONDENT

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