Barath @ Barath Rao v. Roja @ Roja Bhai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.6518 of 2025 Barath @ Barath Rao ... Petitioner Vs.

Roja @ Roja Bhai ... Respondent PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order of maintenance dated 18.12.2024 in M.C.No.55 of 2023 on the file of the Family Court, Krishnagiri.

For Petitioner :

Mrs.Rekha Sivakumar For Respondent :

Mr.J.Pradeep

ORDER

This Criminal Revision has been preferred as against the order dated 18.12.2024, passed by the learned Judge, Family Court, Chennai, in M.C.No.55 of 2023, thereby ordered monthly maintenance of Rs.5,000/- payable by the petitioner in favour of the respondent.

2.

The petitioner got married the respondent on 20.08.2021. During their marriage, the respondent's family presented all house hold articles, jewels and other things. The entire marriage expenses were borne out by the respondent's family. Even then, the petitioner demanded huge sum as dowry from the respondent and as such the respondent suffered cruelty at the hands of the petitioner and his family members. Thereafter, the respondent was driven out from the matrimonial home due to reason that there was no children born to them. She is living separately and as such, she could not maintain herself. Therefore, the respondent filed maintenance petition. Admittedly, the respondent is earning a sum of Rs.15,000/- per month and as such the trial Court awarded maintenance of Rs.5,000/- in favour of the respondent. Aggrieved by the same, the petitioner filed the present revision. 3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

It is seen that the petitioner already filed petition for divorce and the same was dismissed. Aggrieved by the same, the petitioner preferred an appeal and the same is pending. Further the trial Court awarded meagre amount

as monthly maintenance. Therefore, this Court finds no infirmity or illegality in the order passed by the Court below. If any settlement between the parties, they may settle the issue in the appeal as against the dismissal of divorce petition. 5.

Accordingly, the Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed. 18.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts To

1. The Judge, Family Court, Chennai,

G.K.ILANTHIRAIYAN. J, rts and Crl.M.P.No.6518 of 2025 18.08.2025