P.Krishnappa, Aged 43 Years v. Padmavathi, Aged 35 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1413 of 2016 & Crl.M.P.No.12372 of 2016 P.Krishnappa

...Petitioner/Petitioner/

Respondent/Respondent vs.

1.Padmavathi 2.Minor Tanuja 3.Minor Deepak minor 2 and 3 represented by mother Padmavathi

...Respondents/Respondents/

Petitioners/Petitioners Criminal Revision filed under Section 397 and 401 Cr.P.C. against the judgment of learned Principal District and Sessions Judge, Krishnagiri passed in C.A.No.23 of 2015 on 03.08.2015, modifying the judgment of learned Judicial Magistrate I, Hosur, Crl.M.P.No.106/2015 in D.V.No.5/2015, dated 20.03.2015. For Petitioner :

Mr.M.Selvam

O R D E R

Petitioner challenges the order of learned learned Principal District and Sessions Judge, Krishnagiri passed in C.A.No.23 of 2015 on 03.08.2015, modifying the judgment of learned Judicial Magistrate I, Hosur, Crl.M.P.No.106/2015 in D.V.No.5/2015.

2. The petitioner and the first respondent were married on 14.02.2000 and that they have two children aged 14 and 11 years. Respondent filed Crl.M.P.No.106/2015 in D.V. No.5 of 2015 on the file of Judicial Magistrate - I, Hosur, seeking maintenance for the children and herself. Under the impugned order, the Court below directed the petitioner to pay monthly maintenance in sums of Rs.5,000/- to the first respondent/wife and Rs.2,500/- to each of the minor respondents, totalling a sum of Rs.10,000/-. Challenging such order, petitioner filed C.A.No.23 of 2015 on the file of learned Principal District and Sessions Judge, Krishnagiri. Appellate Court under order dated 03.08.2015 modified the order of lower Court directing the petitioner to pay a sum of Rs.2,500/- to each of the respondents totalling a sum of Rs.7,500/-. Against such order, this revision has been filed.

3. Heard the learned counsel for petitioner.

4. It is admitted position that the petitioner is earning a sum of Rs.12,000/- per month. When such is the case, the order of the Appellate Court dated 03.08.2015 in C.A.No.23 of 2015 on the file of learned Principal District and Sessions Judge, Krishnagiri, directing payment of monthly maintenance in a sum of Rs.2,500/- to each of the respondents cannot be faulted. The amount awarded by the Appellate Court cannot said to be unjust or unreasonable.

This Criminal Revision is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To

1. The Principal District and Sessions Judge, Krishnagiri

2. The Judicial Magistrate I, Hosur, Krishnagiri.

3. -Do- Through The Chief Judicial Magistrate, Hosur, Krishnagiri.

Crl.R.C.No.1413 of 2016 VGI (CO) PSI (28/12/2016)