Munusamy v. G.Manimegalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.14357 of 2024

1. MUNUSAMY S/o.Govindaswamy, Residing At No.5/4, Chettiyar Thoppu Palamathi Road Sasthri Nagar, Bagayam, Vellore Petitioner(s) Vs

1. G.Manimegalai W/o.G.Muniswamy, Residing At No.28/53, Arasamara Street, Ammur Post, Vellore District.

2.Minor Niranjani Minor Rep By Her Mother Guardian G.Manimegali, Residing At 28/53 Arasamara Street, Ammur Post, Vellore District.

Respondent(s) 1/6

PRAYER: This Criminal Revision Petition is filed under Section438 read with 442 of BNSS, to set aside the order passed in FCMC.No.86 of 2018 dated 29.11.2022 on the file of Family Court, Vellore, Vellore District. For Petitioner(s):

Mr.B.Hemanth for M/s.M.P.Jayaprakash For Respondent(s):

Not ready in notice

ORDER

The petitioner has filed this criminal revision petition challenging the order dated 29.11.2022 passed in FCMC No.86 of 2018 by the learned Judge, Family Court , Vellore.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. The petitioner and the first respondent are husband and wife respectively. Second respondent is the minor daughter of both the petitioner 2/6

and the first respondent. The respondents filed the maintenance petition under Section 125 Cr.P.C., in FCMC NO.86 of 2018 on the file of the Family Court, Vellore, seeking monthly maintenance. The learned Judge, Family Court, Vellore, after enquiry, passed the order of maintenance, by directing the petitioner/husband to pay a sum of Rs.3,000/- per month to the first respondent/wife and a sum of Rs.2,000/- per month to the second respondent/minor daughter as maintenance. Aggrieved by the same, the petitioner/husband has filed this Criminal Revision Petition.

4. The relationship between the parties is not in dispute. The paternity of the second respondent/child is also not in dispute. Both the parties are residing separately is also not in dispute. The respondents herein have filed the maintenance case stating that they were deserted by the petitioner and they are unable to maintain themselves, whereas, the petitioner is running a dry cleaning shop and he is able to earn sum of Rs.35,000/- per month and also he is doing real estate business and through the same, he is also earning Rs.30,000/- per month. However, the petitioner/husband has stated that the first respondent 3/6

is working as Home Guard and she is earning sum of Rs.15,000/- per month. Though Ex.R8 shows that the first respondent/wife is working as Home Guard, no material has been produced to show that she is earning Rs.15,000/- per month. Further, the petitioner has not filed any affidavit of assets and liabilities statement.

5. Considering the facts and circumstances of the case, the Family court ordered only Rs.3,000/- to the first respondent and Rs.2,000/- to the second respondent as maintenance. The first respondent being a woman, has to maintain herself and also her daughter. Therefore, order of total maintenance amount of Rs.5,000/- is not exorbitant. Assuming that the first respondent/wife is working as Home Guard, the salary would not be sufficient for maintaining herself and her daughter. The petitioner is liable to maintain the respondents. Considering the rise in price index day-by-day and also the cost of living, the award of maintenance passed by the Family Court is very reasonable. This Court does not find any merit in the revision petition and the same is liable to be dismissed.

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6. For the reasons stated supra, this Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. 28-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Family Court, Vellore.

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P.VELMURUGAN J mfa and CRL MP No.14357 of 2024 28-03-2025 6/6