M.Thirumalai v. Madhumithra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.14229 of 2025 M.Thirumalai ... Petitioner Vs.

Madhumithra ... Respondent PRAYER: Criminal Revision is filed under Section 397 r/w. 401 of the Cr.P.C. to set aside the order dated 30.09.2024 passed in M.C.No.388 of 2019 by the VI Additional Principal Judge, Family Court at Chennai. For Petitioner : Ms.M.Meenatchi

ORDER

This Criminal Revision has been filed as against the order dated 30.09.2024 passed in M.C.No.388 of 2019 on the file of the VI Additional Principal Judge, Family Court at Chennai, thereby ordering a sum of Rs.25,000/- as monthly maintenance from the date of petition.

2. The respondent filed a petition for maintenance on the ground that her mother one Priyalakshmi got married to the petitioner on 02.03.1998 and gave birth to the respondent. Thereafter, they had misunderstanding and as such the respondent's mother was driven out along with the respondent from the matrimonial home. The petitioner used to send a sum of Rs.12,000/- towards house rent and educational expenses to the respondent and her mother. In the year 2018, the respondent was interested to join in the University at Tirupati. The petitioner promised to take care of all the expenses but later he failed to do so. Thereafter, the respondent went to New Delhi for her education.

3. Since the respondent could not able to maintain herself, she filed a petition for maintenance. Thereafter, both the petitioner and the respondent's mother filed a petition for divorce on mutual consent. However, the mother of the respondent gave a complaint to the Court that she was coerced and as such the divorce petition in H.M.O.P.No.2738/2018 was dismissed on 26.03.2019. The maintenance petition filed by the respondent was allowed and the petitioner was directed to pay a sum of Rs.25,000/- as monthly maintenance and also to pay a sum of Rs.25,000/- per year from the year

2020 for her educational expenses. Aggrieved by the same, the present revision has been filed.

4. The learned counsel for the petitioner submitted that the birth of the respondent through the petitioner itself is under question. That apart, the respondent failed to mention about the University she had studied and she simply stated it as an Open University. Even then, the trial Court ordered for maintenance.

5. On perusal of the records it is revealed that the petitioner is working as a Professor and his monthly earning is Rs.1,30,000/- and he receives a sum of Rs.2,00,000/- to Rs.5,00,000/- as rental income. That apart, the petitioner has immovable properties also. Therefore, the trial Court has rightly ordered maintenance in favour of the respondent and this Court finds no illegality or infirmity in the order passed by the trial Court.

6. It is also made clear that the petitioner has not paid any single penny so far as awarded by the trial Court. Therefore, the respondent is at liberty to take appropriate steps as against the petitioner to recover the

maintenance as awarded by the trial Court in the manner known to law.

7. Accordingly, this Criminal Revision Case is dismissed. 22.07.2025 Index : Yes/No Speaking/non-speaking order bkn

To:

VI Additional Principal Judge, Family Court at Chennai

G.K.ILANTHIRAIYAN, J.

bkn 22.07.2025