D.Franklin Rex v. V.Rubi Sebastina

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1052 of 2025 and Crl.MP.No.13705 of 2025 D.Franklin Rex .....

Petitioner Vs 1.A.Rubi Sebastina 2.Minor.Ryan (Minor rep. by his mother A.Rubi Sebastina) .....

Respondents PRAYER:

Criminal Revision Case is filed under Sections 438 & 442 of BNSS, praying to set aside the order dated 15.07.2024 passed in CMP.No.349 of 2023 in MC.No.76 of 2022 on the file of the Family Court, Erode, Erode District by allowing this criminal revision case.

For Petitioner : M/s.Elizabeth Ravi

O R D E R

This Criminal Revision Case has been filed against the order dated 15.07.2024 passed in CMP.No.349 of 2023 in MC.No.76 of 2022 on the file of the Family Court, Erode, Erode District, thereby ordering interim maintenance. 2.

The petitioner is the husband of the first respondent and they gave birth to the second respondent. Thereafter, they had misunderstanding and as

such, the respondents were driven out from the matrimonial home. Hence, the respondents could not able to maintain themselves and filed application for maintenance in MC.No.76 of 2022. While pending the same, the respondent filed interim application seeking interim maintenance. Admittedly, the petitioner is working as a software engineer and also heading a team. Nearly Rs.60,000/- is his monthly salary. Since the first respondent is also an employee and is drawing a reasonable salary, the trial court rightly ordered interim maintenance only in favour of the second respondent, that too Rs.12,000/-, which is a reasonable one and this Court finds no infirmity or illegality in the impugned order.

3.

In view of the above discussion, this criminal revision case stands dismissed.

14.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

To Family Court, Erode, Erode District G.K.ILANTHIRAIYAN, J.

lok 14.07.2025