T.Krishnamoorthy v. Soniya

Crl.Rc.No.1502 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN T.Krishnamoorthy .....

Petitioner Vs.

1. Soniya

2. Minor Harbika Represented by natural guardian Mother Soniya .....

Respondents Prayer: Criminal Revision is filed under Section 438 r/w. 442 of BNSS to set aside the order passed in M.C.No.48 of 2022, dated 14.08.2024 on the file of the Family Court, Krishnagiri.

For Petitioner : Mr.V.Balamurugan 1/4

ORDER

This revision has been preferred as against the order dated 14.08.2024 made in M.C.No.48 of 2022, on the file of the Family Court, Krishnagiri, thereby ordering a sum of Rs.4,000/- each to the respondents as monthly maintenance.

2. The petitioner got married to the first respondent on 11.11.2018 and gave birth to the second respondent. Thereafter, the petitioner tortured the first respondent and driven her out of the matrimonial home. Therefore, the respondents could not able to maintain themselves and filed a petition for maintenance. After full fledged trial, the trial Court awarded a sum of Rs.4,000/- to each of the respondents as monthly maintenance.

4. The learned counsel for the petitioner submitted that the petitioner is a mentally retarded person and he is incapable to earn that much amount.

5. Though the petitioner is alleged to be a mentally retarded person, there is no proof to show that the petitioner is mentally retarded. That apart, the trial Court has only awarded a meagre amount as monthly maintenance to the respondents. Therefore, this Court finds no illegality or infirmity in the order 2/4

Crl.Rc.No.1502 of 2025 passed by the trial Court.

6. Accordingly, this Criminal Revision Case is dismissed. 20.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn To:

1. The Judge, Family Court, Krishnagiri.

3/4

G.K.ILANTHIRAIYAN, J.

bkn 20.08.2025 4/4