P.Jayakumar v. Thamaraiselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN CRL.R.C.No.605 of 2021 P.Jayakumar S/o, Pandurangan ... Petitioner/ Respondent

Versus

Thamaraiselvi, W/o, P.Jayakumar ... Respondent/ Petitioner PRAYER:

Criminal Revision Petition filed under Section 397 and 401 of the Code of Criminal Procedure, to call for the records and set aside the order passed in F.C.M.C.No.94 of 2017 dated 05.03.2021 on the file of the learned Family Court at Dharmapuri.

For Petitioner : Mr.S.S.Karthikeyan

ORDER

This Criminal Revision Petition has been filed to call for the records and set aside the order passed in F.C.M.C.No.94 of 2017 dated 05.03.2021 on the file of the learned Family Court at Dharmapuri.

2. Petitioner is the husband and the respondent is the wife. Wife filed the maintenance petition for her and their minor daughters before the Family Court, Dharmapuri. The learned Family Judge, partly allowed the petition and directed the petitioner to pay Rs.4,000/- each to their minor daughters as maintenance and Rs.12,000/- towards their educational expenses. Challenging the said order, now the petitioner has filed the present Revision Petition before this Court.

3. The learned counsel for the petitioner would submit that the petitioner is working as a conductor in Government Transport Corporation. In order to prove the same, he filed the salary certificate also. The Family Court ordered Rs.4,000/- each towards maintenance and Rs.12,000/- for educational expenses for the minor children, which warrants interference of this Court.

4. It is not in dispute that the respondents 2 and 3 are the daughters of the petitioner. Paternity of the children is https://hcservices.ecourts.gov.in/hcservices/

not in dispute. In the matrimonial proceeding , the Family Court not ordered any maintenance towards his wife, but ordered maintenance amount only for the minor children. 5.Therefore considering the facts and circumstances, the cost of living prevail on the order of the Family Court is very reasonable. Therefore, this Court does not find any perversity in the order of the Family Court. There is no merit in the Revision and the same is liable to be dismissed. Accordingly the Revision Case is dismissed at the admission stage itself.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mfa To The Judge, Family Court, Dharmapuri.

+1 cc to Mr.S.Prabhu, Advocate Sr.NO. 52286 CRL.R.C.No.605 of 2021 VG II(CO) A.SK(12.11.2021) https://hcservices.ecourts.gov.in/hcservices/