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Madras High CourtCRL RC/1060/2023dismissed

M.Panneer Selvam v. Sathya

2025-03-10Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 10.03.2025 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.8476 of 2023 -- M.Panneer Selvam, S/o K.Manickam .. Petitioner Vs.

1. Mrs.Sathya, W/o Panneer Selvam

2. Minor Josunithya, D/o Panneer Selvam (Represented by her mother and natural guardian Mrs.Sathya) .. Respondents Criminal Revision Case filed under Section 397 of Cr.P.C. against the order dated 09.12.2022 passed by the Family Judge, Dharmapuri in M.C.No.98 of 2017 For petitioner : Mr.R.Nalliyappan For respondents: Mr.A.Prabhakaran

ORDER

This Criminal Revision Petition is filed by the husband challenging the maintenance ordered by the Family Court.

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2. It is seen from the records that the second respondent is the minor child and the paternity of the child is not under dispute.

3. The second respondent is admittedly 11 year old school going child.

4. Considering the facts and circumstances of the case and the cost of living and the price index, the requirement of the child and taking into account the impugned order of maintenance by the Family Court is just, fair and reasonable and the respondent/wife is an M.Sc. degree holder in Mathematics. She is able to maintain and lead a normal life. The Family Court ordered reasonable maintenance amount, and there is no warranting reasons to interfere with the impugned order passed by the Family Court, as there is no perversity, irregularity or infirmity in the same.

5. Taking into account the fact that the first respondent/wife is a well educated person and both the spouses have separated themselves and both of them have contracted second marriage and are having child.

6. Finding no reasons to interfere with the impugned order passed by the 2 / 4

Family Court, and considering the facts and circumstances of the case, this revision petition is dismissed. There shall be no order as to costs. Consequently, the miscellaneous petition is closed.

10.03.2025 cs To 1.The Judge, Family Court, Dharmapuri.

2. The Section Officer, Criminal Section, High Court, Madras. 3 / 4

P.VELMURUGAN, J cs 10.03.2025 4 / 4