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Madras High CourtCRL RC/983/2009dismissed

Subramaniam v. Lakshmi

2018-06-08Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.R.C.No.983 Of 2009 and MP.No.1 of 2009 and Crl.OP.No.1159 of 2012 Subramaniam ... Petitioner in Crl R.C.No.983 of 2009 ..Vs..

1.Lakshmi 2.Karthikeyan ... Respondents in Crl R.C.No.983 of 2009 1.Lakshmi 2.Minor Karthikeyan Minor represented by his mother Lakshmi ... Petitioners in Crl OP.No.1159 of 2012 ..Vs..

Subramaniam ... Respondent in Crl OP.No.1159 of 2012 Prayer in Crl.R.C.No.983 of 2009 Criminal Revision case filed under Section 397 and 401 of Cr.P.C. to set aside the order dated 15.07.2009 made in M.C.No.11 of 2005 on the file of District Munsif-cum-Judicial Magistrate, Perundurai.

Prayer in Crl.O.P.No.1159 of 2012 Criminal Original Petition filed under Section 482 of Cr.P.C. to set aside the order dated 31.08.2010 made in C.M.P.No.3810 of 2009 in M.C.No.11 of 2005 on the file of District Munsif-cum-Judicial Magistrate, Perundurai.

Crl.R.C.No.983 of 2009 For Petitioner : Mr.P.Muthukumarasamy For Respondents : Ms.M.Indira Priyadarshini for Mr.N.Manokaran Crl.O.P.No.1159 of 2012 For Petitioners : Ms.M.Indira Priyadarshini for Mr.N.Manokaran For Respondent : Mr.P.Muthukumarasamy C O M M O N O R D E R This Criminal Revision has been filed against the order passed in M.C.No.11 of 2005, dated 15.07.2009 filed by the respondents claiming for an enhancement of maintenance from Rs.400/- and Rs.300/- respectively to Rs.2000/- p.m. to each of them. The petitioner filed a counter affidavit to the extent that he has paid the amount already fixed in the M.C. and there is absolutely no ground for enhancement of maintenance amount. The respondent also took the ground that both of them are not living together and that he is already a senior citizen and that he is not in a position to pay.

2.The Lower Court on consideration of facts and circumstances of the case found it fit to enhance the amount of maintenance and fixed a sum of Rs.1,000/- p.m. payable to the 1st respondent who is the wife and a sum of Rs.750/- p.m. to the 2nd respondent who is the son. It was also made clear that the 2nd respondent will be entitled for the maintenance till he attains majority. Admittedly, even at the time when the revision was filed, the 2nd respondent was aged about 20 years. Therefore, the order of maintenance granted in favour of the 2nd respondent becomes in operational by virtue of his attaining majority. 3.The only person who is now entitled to enjoy the benefits of the order is the 1st respondent who is the wife. This Court does not find any illegality or perversity in the order passed by the Court below and therefore, absolutely there are no grounds to interfere with the order.

4.It is seen from the order that the enhanced amount has been directed to be paid from the date of filing of the petition i.e., from 29.04.2005. Taking into consideration of the fact that the petitioner is aged about more than 72 years and also of

the fact that the 2nd respondent has already become major and will not be entitled for any maintenance after he is attained majority, the order of the Court below is modified to the extent that the maintenance amount of Rs.1000/- fixed by the Lower Court will be liable to be paid by the petitioner to the 1st respondent effective from 15.05.2009 till date. The petitioner is further directed to pay a sum of Rs.750/- p.m. which was fixed for the 2nd respondent from 15.07.2009 till the date of attaining majority i.e., on 24.11.2009, to the 1st respondent. 5.The petitioner is directed to pay the entire arrears of the enhanced maintenance to the 1st respondent in two instalments. The 50% of the arrears of the enhanced maintenance will have to be paid within four weeks from today and balance 50% will have to be paid within 4 weeks thereafter. 6.With the above directions, the Criminal Revision stands disposed of.

7.In view of the orders passed in Crl.R.C.No.983 of 2009 no orders are required to be passed in Criminal O.P.No.1159 of 2009 and the same is closed. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Kp To The District Munsif- cum- Judicial Magistrate, Perundurai.

+1cc to Mr.N.Manokaran, Advocate, S.R.No.36080 +1cc to Mr.P.Muthukumarasamy, Advocate, S.R.No.36419 Copy To The Section Officer, Criminal section, High Court, Madras.

Crl.R.C.No.983 Of 2009 and Crl.OP.No.1159 of 2012 Pa(co) cs/21/06/18