K.Rajkumar v. R.Haniskaa (Minor)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.925 of 2025 & Crl.M.P.No.12455 of 2025 K.Rajakumar ... Petitioner Vs R.Haniskaa (Minor, aged 7 years) rep. by mother-cum-natural guardian ... Respondent PRAYER: Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., & Section 438 r/w 442 of BNSS Act to call for the records and set aside the order dated 10.01.2025 passed in M.P.No.1279 of 2024 in M.C.No.122 of 2024 on the file of learned III Additional Principal Family Court, Chennai For Petitioner : Mr. M.Arvind Kumar

O R D E R

This Criminal Revision has been preferred as against the order passed in M.P.No.1279 of 2024 in M.C.No.122 of 2024 on the file of learned III Additional Principal Family Court, Chennai dated 10.01.2025, thereby the petitioner was directed to pay a sum of Rs.12,000/- per month towards interim maintenance of the respondent from the date of filing the petition to the respondent's mother till the disposal of the Maintenance case.

2. Heard the learned counsel appearing for the petitioner. In order to avoid an unavoidable delay and in order to issue a direction for speedy disposal of the maintenance case, notice to the respondent is dispensed with.

3. On perusing the documents placed on record, it is seen that the petitioner got married and the respondent was born to the petitioner and his wife. The respondent is aged about 7 years. While being so, there was a matrimonial dispute pending between the petitioner and his wife. Therefore, the petitioner's wife and the respondent were driven out of the matrimonial home and thereafter, they are staying under the care of parents, as such, they could not maintain themselves. Hence the respondent/minor daughter of the petitioner filed a petition seeking monthly maintenance of Rs.25,000/-

4. While that being so, pending maintenance case, the respondent also filed a petition for interim maintenance indicating that the petitioner is working in Information Technology and drawing a sum of Rs.50,000/- as monthly salary. The trial court considering the entire facts and circumstances of the case, ordered interim maintenance of Rs.12,000/- payable by the petitioner.

5. At this stage, it is the submission of the learned counsel for the petitioner that the petitioner's wife is also earning a reasonable salary, thereby pleaded to allow the present revision by setting aside the order of the trial court.

6. Considering the entire facts and circumstances of the case, this Court is inclined to reduce the interim maintenance of Rs.12,000/- awarded by the trial court to some extent. Accordingly, the interim maintenance of Rs.12,000/- ordered by the III Additional Principal Family Court, Chennai payable by the petitioner is hereby reduced to Rs.7,500/- [Rupees seven thousand five hundred only] and the III Additional Principal Family Court, Chennai is directed to dispose of the maintenance case within a period of six months from the date of receipt of a copy of this order.

The present Revision is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. 30.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd

G.K.ILANTHIRAIYAN, J.

ssd To 1.The III Additional Principal Judge, Family Court, Chennai 2.The Public Prosecutor, Madras High Court, Chennai.

Crl.R.C.No. 925 of 2025& Crl.M.P.No.12455 of 2025 30.06.2025