K.H.Krishnakumar v. Kanmani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.10.2016
CORAM:
THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1073 of 2016 K.H.Krishnakumar .. Petitioner vs.
Kanmani .. Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the order of learned VII Additional Sessions Judge, City Civil Court, Chennai, on 28.07.2016 confirming the judgment of learned X Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P.No.3121/2015 in D.V.C. No.2092 of 2015 on 30.12.2015. For Petitioner :
Mr.G.Rajasekharan For Respondent :
Ms.Christy Lydia
O R D E R
This revision arises against the judgment of learned VII Additional Sessions Judge, City Civil Court, Chennai, on 28.07.2016 confirming the judgment of learned X Metropolitan Magistrate, Egmore, Chennai, passed in Crl.M.P.No.3121/2015 on 30.12.2015.
2. Petitioner and the respondent were married on 27.08.2010 and they have one son. Informing that upon the instigation of his parents, the petitioner avoided the respondent and was not taking care of her and her child, she filed Crl.M.P.No.3121 of 2015 in D.V.C.No.2092 of 2015 on the file of learned X Metropolitan Magistrate, Egmore. The Court below, under the impugned order, directed the petitioner to pay monthly maintenance in a sum of Rs.5,000/- to the respondent. Against such order, the petitioner preferred C.A.No.58 of 2016 on the file of learned Judge, VII Additional City Civil Court, Chennai. Learned Judge by order dated 28.07.2016 confirmed the order passed by the Court below. Aggrieved against the same, the present revision has been filed.
3. Heard learned counsel for petitioner and the learned counsel for respondent.
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4. It is admitted position that the petitioner is earning a sum of Rs.25,000/- per month. When such is the case, the order of the Courts below directing payment of monthly maintenance in a sum of Rs.5,000/- to the respondent and the minor son cannot be faulted. The amount awarded by the Court below cannot said to be unjust or unreasonable.
This Criminal Revision is dismissed. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar To To
1. The VII Additional Sessions Judge, City Civil Court, Chennai
2. The X Metropolitan Magistrate Egmore, Chennai 2 ccs to Mr.G. Raasekharan, Advocate, Sr. 58324 1 cc to M/s. Christy Lydia, Advocate, Sr. 58335 Crl.R.C.No.1073 of 2016 NM (CO) kk 25/11 https://hcservices.ecourts.gov.in/hcservices/