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Madras High CourtCRL RC/281/2018disposed of

G.Subramaniam @ v. Miss.S.Aarathi @ S.M.Amrutha,

2020-02-26Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN Crl.R.C.Nos.281 and 531 of 2018 G.Subramaniam @ G.Balasubramaniam ...Petitioner in Crl.RC.No.

281 of 2018 and respondent in Crl.RC.No.

Vs.

S.Aarathi @ S.M.Amrutha ... Respondent in Crl.RC.No.

Rep.by her mother and natural 281 of 2018 and guardian D.Mohana Subramaniam @ petitioner in Crl.RC.No.

D.Mohana Crl.RC.No.281 of 2018 filed under Section 397 read with Section 401 Cr.P.C.to call for the records in M.C.No.148 of 2012 and set aside the order dated 20.10.2017 passed by the III Additional Judge, Family Court, Chennai.

Crl.RC.No.531 of 2018 filed under Section 397 r/w Section 401 Cr.PC to enhance the maintenance amount of Rs.4,000/- to Rs.30,000/- as per the order dated 20.10.2017 in M.C.No.148 of 2012 on the file of the learned III Additional Family Court, Chennai and consequently direct the respondent to comply the order dated 20.11.2017 immediately with arrears as already stipulated mentioned time over For Petitioner in Crl.RC.No.

281 of 2018 and respondent in Crl.RC.No.

: Mr.L.Rajasekar For respondent in Crl.RC.No.

281 of 2018 and petitioner in Crl.RC.No.

: Mr.C.Prakasam

O R D E R

The petitioner and the respondent in Crl.RC No.281 of 2018 are the father and daughter. Due to a matrimonial dispute between the petitioner in Crl.RC No.281 of 2018 and his wife, they are living separately. The present case relates to the maintenance case filed by the daughter of the petitioner in Crl.R.C.No.281 of 2018, in which the Trial Court directed the petitioner to pay a monthly maintenance of Rs.4,000/- to the respondent, to be paid from the date of petition for maintenance. The arrears were also directed to be cleared within two months.

2.Challenging the order passed in the maintenance case, the father has come up with Crl.R.C.No.281 of 2018 and the daughter has come up with Crl.R.C.No.531 of 2018. 3.When this revision was taken up for consideration, the learned counsel on either side have submitted that a sum of Rs.6,000/- may be fixed as monthly maintenance payable by the petitioner to the respondent in Crl.RC.No.281 of 2018, hereafter, ie., from the month of February 2020, payable on or before 5th March 2020. Accordingly, the petitioner in Crl.R.C.No.281 of 2018 is directed to pay a sum of Rs.6,000/- as monthly maintenance to the respondent from February 2020, payable on or before 5th March 2020. Further, the petitioner is directed to pay the monthly maintenance of Rs.6,000/- on or before 5th of every succeeding English calendar month regularly without any default.

It is also hereby ordered that the arrears of maintenance amount have to be paid in two equal instalments, if not paid. The first instalment has to be paid to the respondent on or before 10th March 2020 and the second instalment has to be paid on or before 10th April 2020. 4.With the above directions, the Criminal Revision Cases are disposed of.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar KM To 1.The III Additional Judge, Family Court, Chennai.

2.The Public Prosecutor, Madras High Court.

+1cc to Mr.L.Rajasekar, Advocate SR.No.16578 Crl.R.C.Nos.281 and 531 of 2018 MP(CO) GMY(23/03/2020)