Madras High CourtCRL RC/1194/2016dismissed

Senthil @ M.Obulikumar @ v. S.Renukadevi

2016-11-01Honourable Mr Justice C. T. Selvam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1194 of 2016 and Crl.M.P.No.10637 of 2016 Senthil @ M.Obulikumar @ M.Senthilkumar S/o.Mohankumar .. Petitioner Vs.

1.S.Renukadevi W/o.Senthil @ M.Obulikumar @ M.Senthilkumar 2.Minor S.Aakash represented by mother/first respondent S/o.Senthil @ M.Obulikumar @ M.Senthilkumar .. Respondents Criminal Revision filed under Sections 397 and 401 Cr.P.C. against the order of learned Judge, Family Court, Salem, passed in M.C.No.12 of 2008 on 21.09.2015.

For Petitioner :

Mr.R.Marudhachalamurthy For Respondents :

Mr.T.Murugamanickam ******

O R D E R

This revision arises against the order of learned Judge, Family Court, Salem, passed in M.C.No.12 of 2008 on 21.09.2015.

2. Under orders in M.C.No.12 of 2008 dated 21.09.2015, learned Judge, Family Court, Salem, directed payment of future maintenance in sums of Rs.4,500/- and Rs.3,500/- p.m. to respondents 1 and 2 respectively. It has directed that the amount payable to the second respondent/minor shall be paid to first respondent/mother till he attains majority. It has further directed payment of Rs.2,000/- and Rs.1,000/- p.m. to respondents 1 and 2 respectively towards maintenance for past years. The same was directed to be paid from the date of petition till the date of the order. Aggrieved, the present revision has been filed.

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

4. Court below, on finding that the petitioner would earn a sum of Rs.15,000/- p.m. as also observing that it is the duty of the petitioner to maintain his wife and son and also considering the increase in the cost of living, directed him to pay sums of Rs.4,500/- and Rs.3,500/- to respondents 1 and 2 respectively towards monthly maintenance as against the claim of

Rs.5,000/- and Rs.10,000/-. Court below also took into consideration that no maintenance has been paid to respondents from the date of petition till the date of its order and accordingly, directed the petitioner to pay sums of Rs.2,000/- and Rs.1,000/- p.m. to respondents 1 and 2 respectively for such period. The amount awarded by the Court below cannot said to be unjust or unreasonable.

This Criminal Revision shall stand dismissed. Connected miscellaneous petition is closed.

01.11.2016 Index: Yes/No Internet: Yes gm To The Judge, Family Court, Salem.

C.T. SELVAM, J.

gm Crl.R.C.No.1194 of 2016 01.11.2016