S.Sivakumar @ Frank Lucas v. S.Lizi Mary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.11654 of 2025 S.Sivakumar @ Frank Lucas ... Petitioner Vs.

S.Lizi Mary ... Respondent PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records and set aside the order passed by the learned I Additional Family Court, Chennai in M.P.No.547 of 2025 in M.C.No.191 of 2024 dated 28.04.2025. For Petitioner :

Mr.Y.Deva Arul Prakash For Respondent :

Mr.C.Premkumar

ORDER

This Criminal Revision has been preferred challenging the order dated 28.04.2025 passed by the learned I Additional Family Court, Chennai, in M.P.No.547 of 2025 in M.C.No.191 of 2024, thereby awarded a sum of Rs.20,000/- as interim maintenance payable by the petitioner as monthly maintenance.

2.

The petitioner married the respondent on 19.10.1995 and gave birth to three children. Thereafter, they had misunderstanding and the respondent had driven out from the matrimonial home. The respondent is living separately with her children. Therefore, she could not maintain themselves, and filed petition for maintenance. While pending the maintenance case, the respondent filed petition for interim maintenance. After considering the monthly salary of the petitioner, since he is working in ICF Railway Department and earning a sum of Rs.1,20,000/- as monthly salary, the trial Court awarded interim maintenance of Rs.20,000/. Aggrieved by the same, the present revision petition.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

On perusal of records revealed that the children born to the petitioner and the respondent are now aged about 24 years. Considering the monthly salary of the petitioner, the order of interim maintenance to be reduced to the extent of Rs.12,500/-

5.

Accordingly, the order dated 28.04.2025 passed by the learned I Additional Family Court, Chennai, in M.P.No.547 of 2025 in M.C.No.191 of 2024, is modified and the interim maintenance of Rs.20,000/- is reduced to Rs.12,500/- (Rupees twelve thousand five hundred only). The trial Court is directed to dispose the main maintenance case within a period of three months from the date of the receipt of a copy of this order. The petitioner shall cooperate with the trial before the trial Court. 6.

With the above directions, the Criminal Revision Case stands partly allowed. Consequently, connected miscellaneous petition is closed. 21.07.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts To The I Additional Family Court, Chennai

G.K.ILANTHIRAIYAN. J, rts and Crl.M.P.No.11654 of 2025 21.07.2025