S.Saravanan, Aged 37 Years, v. S.Malathy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI CRL.R.C.NO.818 OF 2018 AND CRL.M.P.NO.9298 OF 2018 S.Saravanan ... Petitioner .Vs.

1. S.Malathy

2. Minor S.Muthamizh Selvan

3. Minor S.Kopperum Chozhan Minors 2 & 3 respondents are represented by their mother viz., the first respondent ... Respondents PRAYER:- The Criminal Revision Case is filed under Section 397 and 401 of Code of Criminal Procedure to call for the records of the order in FCMC No.23 of 2016 dated 01.03.2018 passed by the Family Court, Vellore and to set aside the maintenance of Rs.2000/- per month ordered to first respondent and modify the maintenance amount ordered to the second and third respondent from Rs.4000/- each every month to Rs.1500/- each and every month.

For Petitioner : Mr.Kovi Ramalingam For Respondents : Mr.Arun Anbumani

O R D E R

This Criminal Revision Case has been filed against the order dated 01.03.2018 made in FCMC.No.23 of 2016 on the file of the learned Judge, Family Court, Vellore.

2. The case of the petitioner is that the petitioner is the husband and the first respondent is his wife and the respondents 2 & 3 are his children. The petitioner and the first respondent got married on 15.11.2007 as per the Hindu rites and customs. At

that time of marriage, the petitioner was working in Kalaignar Televisions as News Producer and the couples lead their life with peace and happy. After the birth of the children, difference of opinion arose between them and they were living separately. Thereafter, the respondent has filed a maintenance petition in FCMC.No.23 of 2016 before the learned Family Court Judge, Vellore claiming a sum of Rs.17,500/- to her and her children. After elaborate trial, the learned Judge allowed the petition in part and directed the husband to pay a sum of Rs.2,000/- per month to the wife and Rs.4000/- per month each to the children. Aggrieved the said order, the present revision has filed before this Court.

3. When the matter was taken up for hearing on 01.08.2018, this Court passed the following order:

''Notice.

2. There shall be an order of interim stay on condition that the petitioner-husband is directed to pay a sum of Rs.5,000/- per month to the respondents on or before 5th day of every English Calender month and arrears to be paid at the rate of Rs.5,000/- within a period of six weeks from the date of receipt of a copy of this order.''

4. Today, when the matter is taken up for hearing, the learned counsel for the respondents submitted that the petitioner has not been complied with the order passed by this court so far and he has not paid any single pie to the respondents. Thereafter, this Criminal revision case is liable to be dismissed.

5. Considering the fact that the petitioner has not complied with the order passed by this Court till date, hence, the Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rli

To 1.

The Judge, The Family Court, Vellore.

2.

The Section Officer, Criminal Section Records, High Court, Madras.

CRL.R.C.NO.818 OF 2018 AND CRL.M.P.NO.9298 OF 2018 BR(CO) PBS/20/10/2021