Sujith v. R.Kavitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.Nos.1063 of 2025 and Crl.MP.No.13722 of 2025 Sujith .....

Petitioner Vs 1.R.Kavitha 2.Minor Karuna 3.Kavya (second respondent represented by Natural Guardian Mother Kavitha) .....

Respondents PRAYER:

Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, praying to call for the entire records in respect of order passed in CMP.No.37 of 2021 in MC.No.48 of 2020 dated 08.04.2025 on the file of the learned Family Court Judge, Tirupur and set aside the same.

For Petitioner : Mr.T.Shanmugam

O R D E R

This Criminal Revision Case has been filed against the order passed in CMP.No.37 of 2021 in MC.No.48 of 2020 dated 08.04.2025 on the file of the learned Family Court Judge, Tirupur, thereby ordered interim maintenance.

2.

Heard, the learned counsel appearing for the petitioner and perused, all the materials placed before this Court. 3.

On perusal of records, it is revealed that the petitioner married the first respondent and gave birth to respondents 2 & 3. The petitioner is doing business in Dubai. While being so, the petitioner and the first respondent had misunderstanding between them and as such, the respondents were driven out from the matrimonial home. Therefore, they could not maintain themselves and filed a petition for maintenance in MC.No.48 of 2020 on the file of the Family Court, Tiruppur. Pending the same, the respondents filed application for interim maintenance of Rs.1,50,000/- per month. Though the petitioner had taken stand that the petitioner is not jobless and without any earning, he is still in Dubai and doing business. Further, the petitioner already paid reasonable amount to the respondents.

Therefore, the petitioner cannot challenge the interim order of maintenance, that too only Rs.45,000/- for three persons. Further, the petitioner already paid reasonable amount to the respondents. The said amount of Rs.45,000/-is lesser than the amount already paid by the petitioner. Hence, this Court finds no infirmity or illegality in the impugned order.

4.

Accordingly, this criminal revision case is dismissed. However, the trial court is directed to complete the trial in MC.No.48 of 2020 within a period of three months from the date of receipt of copy of this order. Consequently, connected miscellaneous petition is closed.

14.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok To The learned Family Court Judge, Tirupur G.K.ILANTHIRAIYAN, J.

lok 14.07.2025