C.Joe Vijai Prasanth v. S.Vinodhini
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.591 of 2025 C.Joe Vijai Prasanth ... Petitioner Vs
1. S.Vinodhini
2. Priscilla Mary (Minor) ... Respondents PRAYER: Criminal Revision Case is filed under Sections 438 r/w 442 of BNSS to call for the records of the Impugned Order dated 25.10.2024 in M.P.No.1321 of 2024 in M.C.No.682 of 2023 passed by the learned VI Additional Family Court, Chennai and set aside the same. For Petitioner : Mr.R.Krishnamurthy For Respondents : No appearance
O R D E R
This Revision has been preferred as against the order in Crl.M.P.No.1321 of 2024 in M.C.No.682 of 2023 on the file of learned VI Additional Family Court, Chennai thereby ordered interim maintenance of Rs.15,000/- payable by the petitioner to the 2nd respondent.
2. Heard the learned counsel for the petitioner. Though notice was served on the respondent, there is no representation for the respondent either through counsel or in-person before this Court.
3. The petitioner is the husband of the 1st respondent and father of the 2nd respondent. The petitioner and the 1st respondent had a misunderstanding and got separated, therefore, the respondents are not able to maintain themselves and hence, filed a petition for maintenance. While the maintenance petition is pending, the respondents filed a petition for interim maintenance before the trial court. The trial court ordered interim maintenance in favour of the 2nd respondent alone to the tune of Rs.15,000/- till the disposal of the main case.
4. It is seen that the 1st respondent is working in a private company and drawing a sum of Rs.25,000/- as salary, however, the petitioner is working as a carpenter and he is doing work for daily wages and therefore, he is not able to pay the amount awarded by the trial court. However, he is ready and willing to pay a sum of Rs.5,000/- as interim maintenance.
5. Considering the above said facts and circumstances of the case, the interim maintenance ordered by the trial court is modified to the tune of Rs.5,000/- instead of Rs.15,000/- . Accordingly, the present Revision is partly allowed. The trial court is directed to dispose of the maintenance case within a period of three months from the date of receipt of copy of this order. 15.07.2025 Index : Yes/No;
: Yes/No Speaking/non-speaking order ssd
G.K.ILANTHIRAIYAN, J.
ssd To
1. The VI Additional Family Court, Chennai
2. The Public Prosecutor, Madras High Court, Chennai.
15.07.2025