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Madras High CourtCRL RC/1070/2016disposed of

Sundaranarayanan, 53 Years v. Minor Udhayasri

2017-01-04Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2017

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.1070 of 2016 & Crl.M.P.No.9137 of 2016 Sundaranarayanan ... Petitioner/Respondent Vs.

1.Minor UdhayaSri 2.Minor Kamalapriya minor respondent's represented by their guardian/next friend mother Shanthi ... Respondents/Petitioners Criminal Revision Case filed under Section 397 r/w and 401 Cr.P.C. against the order of learned Judge, Family Court, Dharmapuri, passed in M.C.No.1 of 2016 on 06.06.2016. For Petitioners :

Mr.V.Sakkarapani For Respondent :

Mr.I.Abrar Md Abdullah

O R D E R

This revision arises against the order of learned Judge, Family Court, Dharmapuri, passed in M.C.No.1 of 2016 on 06.06.2016.

2. Petitioner and mother of the respondents are husband and wife. Respondents are their daughters. Respondents moved M.C.No.1 of 2016 on the file of learned Judge, Family Court, Dharmapuri, seeking maintenance in a sum of Rs.7,500/- p.m. Court below, under the impugned order, directed the petitioner to pay sums of Rs.5,000/- to each of the respondents/minor daughters towards monthly maintenance. There against, the present revision has been filed.

3. Heard learned counsel for petitioner and learned counsel for respondents.

4. It is seen that between husband and wife the wife is the larger earner, she being a nurse in the Government hospital, Dharmapuri, while the petitioner is working at TNSTC https://hcservices.ecourts.gov.in/hcservices/

Depot, Dharmapuri. Court below in fixing the quantum of maintenance payable to the respondents/minor daughters has taken into consideration all relevant aspects and particularly that towards avoiding payment of maintenance the petitioner, instead of paying a sum of Rs.4,160/- per month to the Cooperative thrift society has made payment of Rs.10,000/- per month.

5. Considering the attendant facts and circumstances, this Court considers it appropriate to confirm the order of maintenance payable to each of the respondents. It is however considered proper to require the petitioner to effect payment of a sum of Rs.50,000/- per annum towards the educational expenses of the respondents instead of Rs.1,00,000/- as ordered by the Court below.

The Criminal Revision is disposed of with the above direction. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kpr To The Judge, Family Court, Dharmapuri.

+1cc to Mr.V.Sakkarapani, Advocate, S.R.No.529 +1cc to Mr.I.Abrar Md Abdullah, Advocate, S.R.No.1284 Crl.R.C.No.1070 of 2016 NRJK(CO) CA(01/02/2017) https://hcservices.ecourts.gov.in/hcservices/