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Madras High CourtCRL OP/4866/2018dismissed

S.Chandran Sekaran, v. C.Thilagavathy,

2021-07-12Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.4866 of 2018 S.Chandrasekaran

...Petitioner

Vs.

1.C.Thilagavathy W/o.Chandrasekar 2.Monisha D/o.Chandrasekar

...Respondents

PRAYER: Criminal Original petition has been filed under Section 482 of Cr.P.C prayed to call for the records and set aside the order dated 15.12.2015 in MC.No.17 of 2012 passed by the Chief Judicial Magistrate, Cuddalore and confirmed in Crl.RP.No.8 of 2016 passed on 15.11.2017 by the I Additional District and Sessions Judge, Cuddalore.

For Petitioner : Mr.R.Gururaj

ORDER

This Criminal Original Petition has been filed to call for the records comprising in MC.No.17 of 2012 dated 15.12.2015 passed by the Chief Judicial Magistrate, Cuddalore and to set aside the same and confirmed the order made in CRP.No.8 of 2016 dated 15.11.2017 passed by the I-Additional District and Sessions Judge, Cuddalore.

2. The first respondent filed M.C.No.17 of 2012 under Section 125 of Cr.P.C on the file of the Chief Judicial Magistrate, Cuddalore claiming maintenance, in which, she prayed the court to direct the respondent to pay the maintenance at the rate of Rs.10,000/- per month to both the petitioners and also to pay a sum of Rs.55,000/- per annum towards clothing, shelter and medical expenditure for the petitioners from the date of petition. The learned Judge by the order dated 15.12.2015 directed the petitioner to pay a sum of Rs.2,500/- each to the respondents 1 and 2 as maintenance from the date of petition for every English calendar month. The petitioner has filed a revision petition in Crl.R.P.No.8 of 2016 on the file of the I https://hcservices.ecourts.gov.in/hcservices/

Additional and Sessions Judge, Cuddalore to set aside the order passed by the Chief Judicial Magistrate Cuddalore in MC.No.17 of 2012 dated 15.12.2015. The learned Sessions Judge by the order dated 15.11.2017 dismissed the Criminal Revision Petition and confirmed the order passed by the trial court. As against the same, the present petition has been filed.

3. The learned counsel for the petitioner submits that during pendency enquiry, the second respondent attained majority and got married.

4. Though the respondent claimed Rs.10,000/- per month as monthly maintenance to both the petitioners and also to pay a sum of Rs.55,000/- per annum towards clothing, shelter and medical expenditure for the petitioners from the date of petition, the trial court directed the petitioner to pay a sum of Rs.2,500/- each to the respondents 1 and 2 as maintenance, which has been affirmed by the appellate court as well. Further, this Court is of the considered view that the amount awarded is just and reasonable and it warrants no interference. Accordingly, this Criminal original Petition is dismissed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar Vv To 1.The I Additional District and Sessions Judge, Cuddalore.

2.The Chief Judicial Magistrate, Cuddalore 3.The Public Prosecutor, High Court of Madras, Chennai.

Crl.O.P.No.4866 of 2018 CP(CO) PBS(25/08/2021) https://hcservices.ecourts.gov.in/hcservices/