Madras High CourtCRL OP/3483/2021dismissed

Pattusamy v. Sundari

2023-03-15Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Criminal Original Petition No.3483 of 2021 Pattusamy ... Petitioner

Versus

1. Sundari

2. Sangathamizh

3. Sathish ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to Set aside the order dated 10.02.2020 in Cr.R.P.No.7 of 2019 against Cr.M.P.No.1159 of 2016 in M.C.No.6 of 2009 on the file of Family Court, Cuddalore.

For Petitioner : Mr.K.Muthukumar for M/s.Shaikh Mehrunisa For Respondents : Mr. G.Pugazhenthi 1/4

O R D E R

The Criminal Original Petition has been filed against the order passed in Criminal Revision Petition in Cr.RP No.7 of 2019 on the file of the Family Court, Cuddalore.

2. Initially a petition was filed for maintenance under Section 125 of the Code of Criminal Procedure praying for a sum of Rs.4,500/- to the respondent herein and Rs.2000/- each to the children of the respondent. The learned Magistrate after taking into consideration the income of the petitioner had directed the petitioner to pay Rs.4,500/- per month as monthly maintenance to the respondent herein and Rs.2,000/- each to the two children of the respondent.

3. Aggrieved by the order passed by the learned Magistrate, the petitioner preferred Revision in Criminal RP No.7 of 2019 before the Family Court, Cuddalore. The Family Court, Cuddalore found that the monthly maintenance awarded by the learned Magistrate was reasonable and no ground was made out for modifying the maintenance awarded to the petitioner. 2/4

4. The learned counsel for the petitioner is unable to state as to how the orders passed by the learned Magistrate and the Family Court are erroneous. On a perusal of the impugned proceedings, this Court finds that the Courts below have correctly appreciated the materials on record and rightly come to the conclusion that the 1st respondent is entitled to the monthly maintenance of Rs.4,500/-. There is no ground made out for interference. Hence the Original Petition is dismissed. 15.03.2023 jv Index: Yes/No Speaking Order / Non-Speaking Order 3/4

SUNDER MOHAN, J.

jv Criminal Original Petition No.3483 of 2021 15.03.2023 2/2 4/4