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Madras High CourtCRL RC/1396/2023dismissed

Srinivasan v. Indhu

2024-04-10Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.RC.No.1396 of 2023 Srinivasan ... Petitioner -Vs1. Indhu

2. Minor Hemasri

3. Minor Poornimasri Respondents 2&3 minors rep. by natural guardian and mother ... Respondents Prayer : Criminal revision is filed under Sections 397 and 401 of the Criminal Procedure Code, to set aside the order dated 15.02.2023 made in M.C.No.30 of 2021 passed by the Family Court, Dharmapuri.

For petitioner : Mr.J.Prakasam For Respondents : No appearance

O R D E R

The Criminal Revision is filed against the order dated 15.02.2023 made in M.C.No.30 of 2021 passed by the Family Court, Dharmapuri.

2. The revision petitioner is the husband and the first respondent is his wife and the respondents 2 & 3 are their children. The marriage between the petitioner and the first respondent had taken place on 05.09.2005 at Kottai Koil, Dharmapuri. Out of the wedlock, the respondents 2 & 3 were born. Due to misunderstanding between the

couples, they were living separately. Thereafter, the petitioner/husband filed a divorce petition and the first respondent/wife filed a petition for restitution of conjugal rights. During pendency of the petitions, the respondents filed a maintenance case claiming a sum of Rs.20,000/- per month to respondents and Rs.2,00,000/- per annum. The same was taken on file in MC.No.30 of 2021 and the learned Judge, after hearing both sides, allowed the divorce petition in part and the petitioner was directed to pay a sum of Rs.5000/- each per month to the respondents and Rs.25,000/- each per annum for medical expenses of the first respondent and Rs.50,000/- per annum for educational and medical expenses of the respondents 2 & 3. Challenging the said order passed by the learned Family Court Judge, the petitioner has filed the present Criminal Revision before this Court.

3. The learned counsel for the petitioner submitted that the petitioner was thrown out of the matrimonial home due to the physical and mental cruelty casused by the first respondent. The Family Court ought to have held that the adultery against the first respondent is proved by the petitioner by considering the oral and documentary evidence. Hence, the order of the Family Court is liable to be set aside. The petitioner is working in the TASMAC shop and he is earning very meager amount as salary. But the Family Court erred in ordering exorbitant maintenance to the respondents without considering entire fact, which is unfair. Therefore, the learned counsel prays to allow the present petition.

4. Heard the learned counsel for the petitioner and perused the materials

available on record and there is no representation for the respondents.

5. The marriage between the petitioner and the first respondent is not in dispute and the relationship between them is also not in dispute. The paternity of the children is also not in dispute. On going through the impugned order, it is seen that the petitioner has filed the petition for divorce and the first respondent has filed a petition for restitution of conjugal rights and both the petitions are pending. Subsequently, the respondents filed a maintenance case and the same was allowed in part. As a dutiful husband and father, the petitioner has to maintain his wife and children and the petitioner is liable to pay the maintenance to the respondents.

6. Considering the cost of living prevailing as on date, the maintenance amount awarded by the Family Court is just and reasonable and no need is required. This Court directs the petitioner to pay the maintenance to the respondents as ordered by the Family Court, regularly on or before 7th of every English calender month and to pay the entire arrears of maintenance to the respondents within a period of four weeks from the date of receipt of a copy of this order.

7. In the result, this Criminal Revision Case is dismissed. 10.04.2024

Index : Yes/No Internet:Yes/No Speaking Order : Yes/No rli To The Additional Family Court, Dharmapuri.

M.DHANDAPANI,J.

Rli Crl.RC.No.1396 of 2023 10.04.2014