T.Shanthi v. S.Thanikasalam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI 1.T.Shanthi 2.T.Aishwarya Prathina ... Petitioners in Crl.R.C.No.93 of 2024 & Respondents in Crl.R.C.No.1150 of 2024 Vs.

S.Thanikasalam ... Respondent in Crl.R.C.No.93 of 2024 & Petitioner in Crl.R.C.No.1150 of 2024 Prayer in Crl.R.C.No.93 of 2024 : Criminal Revision Case filed under Section 397 and 401 Cr.P.C, praying to set aside the order passed in M.C.No.155 of 2020 dated 19.01.2023 on the file of the learned VI Additional Family Court Judge, Chennai granting low monthly maintenance amount of Rs.20,000/- to the 1st petitioner and Rs.7,000/- to the 2nd petitioner and prays for enhancement the amount as Rs.30,000/- each to the petitioners.

Prayer in Crl.R.C.No.1150 of 2024 : Criminal Revision Case filed under Section 397 and 401 Cr.P.C, praying to call for the records and set Page No.1 of 6

aside the common order passed on 19.01.2023 by the VI Additional Family Court, Chennai in M.C.No.155 of 2020.

For Petitioner in Crl.R.C.No.93 of 2024 & Respondents in Crl.R.C.No.1150 of 2024 : Mr.R.Shriharan For Respondent in Crl.R.C.No.93 of 2024 & Petitioner in Crl.R.C.No.1150 of 2024 : Mr.R.Ruban Prabhu ***** COMMON ORDER Since both the revisions arising out of the same maintenance case, with the consent of the learned counsel appearing for the parties, these revisions were heard together and disposed of by this common order.

2. For brevity, 1st petitioner and the 2nd petitioner in Crl.R.C.No.93 of 2024 are hereinafter referred to as 'mother' and 'daughter' and the respondent in Crl.R.C.No.93 of 2024 is hereinafter referred to as 'father'.

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3. The mother and daughter filed a maintenance case u/s 125 of Cr.P.C. in M.C.No.155 of 2020 claiming monthly maintenance of Rs.30,000/- each before the learned VI Additional Principal Family Court, Chennai. After adjudication, the trial court partly allowed the case directing the father to pay a sum of Rs.20,000/- as monthly maintenance to the mother and Rs.7,000/- as monthly maintenance to the daughter vide impugned order dated 19.01.2023. Aggrieved by the same, the father has filed Crl.R.C.No.1150 of 2024 and seeking enhancement of monthly maintenance, the mother and daughter have filed Crl.R.C.No.93 of 2024 before this Court.

4. When these matters were taken up for hearing today, the learned counsel appearing for the respondent/father submitted that there was a compromise in between the parties and the respondent/father is ready to pay a total sum of Rs.30,000/- as monthly maintenance to the mother and daughter from this month onwards. Accordingly, he prays for appropriate orders.

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5. Learned counsel appearing for the mother and daughter submitted that the mother and daughter have no objection for ordering the above said maintenance amount.

6. In view of the consent expressed by the learned counsel for the parties, this Court modifies the monthly maintenance amount as follows:- (i) the father/respondent in Crl.R.C.No.93 of 2024 is directed to pay the entire arrears of monthly maintenance amount at the rate of Rs.27,000/- to the mother and daughter/petitioners in Crl.R.C.No.93 of 2024, from the date of filing of the maintenance petition, till the month of June, 2024, less the amount, if any already paid by him, within a period of eight (8) weeks from the date of receipt of a copy of this order ; (ii) the father/respondent in Crl.R.C.No.93 of 2024 is directed to pay the maintenance amount at the rate of Rs.30,000/- p.m. to the mother and daughter/petitioners in Crl.R.C.No.93 of 2024 from the Page No.4 of 6

month of July, 2024 ;

(iii) the father/respondent in Crl.R.C.No.93 of 2024 is directed to continue to pay the modified maintenance amount mentioned in clause (ii) to the mother and daughter/petitioners in Crl.R.C.No.93 of 2024 on or before the 10th day of every English Calendar month.

7. With the above directions, these Criminal Revision Cases are disposed of.

02.07.2024 Index : Yes / No Speaking order / Non-speaking order sp To The VI Additional Principal Family Court, Chennai. Page No.5 of 6

M.DHANDAPANI, J.

sp 02.07.2024 Page No.6 of 6