M.Sairam @ Ashok v. S.Jayanthi @ Lakshmi Prabha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.52 of 2019 and Crl.M.P.No.427 of 2019 M.Sairam @ Ashok
...Petitioner
-Vs1. S.Jayanthi @ Lakshmi Prabha
2. S.Aiswarya
...Respondents
The Criminal Revision Case is filed under Sections 397 read with Section 401 of Cr.P.C. to set aside the order dated 29.11.2018 made in M.C.No.303 of 2013 on the file of the IV Additional Family Court, Chennai, by allowing this criminal revision case.
For Petitioner : Mr.R.Dineshkumar For Respondent : Mr.K.A.S.Thirumurugan for M/s.Swaminathan Law Associates
ORDER
This criminal revision case has been filed against the order dated 29.11.2018 made in M.C.No.303 of 2013 on the file of the IV Additional Family Court, Chennai.
The petitioner is husband, 1st respondent is wife and 2nd respondent is 2nd daughter. The respondents filed a case under Section 125 of Cr.P.C., seeking maintenance, before the learned IV Additional Principal Judge, IV Additional Family Court, Chennai, in M.C.No.303 of 2013. The learned Judge, after hearing both the parties, by order dated 29.11.2018, awarded maintenance at Rs.10,000/- to each of the respondents. The maintenance amount for the first respondent wife should be paid from the date of filing of maintenance case and the maintenance for the second respondent should be paid from the date of filing of
maintenance case to till her employment i.e. October 2017. Aggrieved against the said order of maintenance, the husband is before this Court with the present criminal revision case. The learned counsel appearing for the petitioner would submit that the petitioner is only an agricultural labour and the 2nd respondent/2nd daughter has already attained majority and first daughter has already got married. The maintenance awarded by the Court below is on very higher side, considering his income. Hence the petitioner could not pay the amount as ordered by the Court below.
The learned counsel appearing for the respondents would submit that the petitioner is a having 9 acres of fertile land situated at Kancheepuram. From the above land, he is earning more than Rs.1,00,000/- and he refused to live with the respondents and not paying the maintenance as ordered by the Court below. Further he also initiated divorce proceedings, which is pending. The learned Magistrate has rightly awarded the maintenance for both the respondents, after considering age and employment of the 2nd respondent also.
Heard the learned counsel appearing on either side and perused the materials available on record.
It is seen the main contention of the petitioner is that he is an agricultural labour and he is unable to pay the maintenance as awarded by the Court below. But, on reading of the entire materials placed on record, it reveal that the petitioner is having 9 acres of fertile land, from which he could earn atleast Rs.1,00,000/-. The petitioner has not produced any proof to show that the first respondent is working and earning member. Petition under Section 125 of Cr.P.C. can be filed by the wife, only if the husband having sufficient means neglected or refused to maintain his wife, who is unable to maintain herself. The trial Court after considering the oral and documentary evidence adduced on behalf of either parties, has ordered maintenance at Rs.10,000/- for the first respondent/wife from the date of petition and Rs.
10,000/- for the second respondent/2nd daughter from the date of petition and till the date of her employment i.e. October 2017. The petitioner under Section 125 was filed in the year 2013 and the order was passed in the year 2018 only, the petitioner/husband successfully dragged on the proceedings for more than 5 years and still he is not ready to pay the maintenance.
This Court does not find any merit and substance in the present revision and hence the revision is dismissed. Consequently, connected miscellaneous petition is closed. The petitioner/husband is directed to pay arrears of maintenance
within a period of three months from the date of receipt of a copy of this order.
Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar cgi To The Judge The IV Additional Family Court, Chennai.
Copy To The Section Officer, Criminal, Section, High Court, Madras-104 +1cc to Mr.R.Dineshkumar, Advocate SR.No.25619 +1cc to M/s.Swaminathan Law Associates, Advocate SR.No.26462 Crl.R.C.No.52 of 2019 and Crl.M.P.No.427 of 2019 SV(CO) GMY(13/08/2019)