V.Rajesh v. G.Meenakshi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.14327 of 2025 V.Rajesh .....

Petitioner Vs G.Meenakshi .....

Respondent PRAYER: Criminal Revision Case is filed under Sections 438 & 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records of the case in M.P.No.1676 of 2023 in M.C.No.426 of 2023 dated 23.07.2024 on the file of the 1st Additional Family Court at Chennai and subsequently set aside the same.

For Petitioner : Mr.I.Sheik Mohamed For Respondent : Mr.A.Balasingh Ramaniyam

O R D E R

This Criminal Revision Case has been filed challenging the order dated 23.07.2024 passed in M.P.No.1676 of 2023 in M.C.No.426 of 2023 by the Additional Family Court, Chennai, thereby directing the petitioner to pay a sum of Rs.10,000/- per month as interim maintenance to the respondent.

2. Heard the learned counsel appearing on either side and

perused the materials available on record.

3. The petitioner is the husband of the respondent. The marriage between the petitioner and the respondent was solemnized, and out of the wedlock, two children were born. While being so, due to misunderstanding, they got separated and the children are in the custody of the petitioner. The respondent, being the wife, was not able to maintain herself and residing with her parents, filed a maintenance case in M.C.No.426 of 2023 before the Additional Family Court, Chennai. In the meanwhile, the petitioner also filed a petition in HMOP No.1472 of 2024 before the Family Court, Madurai, seeking divorce on the ground of adultery. Subsequently, the said petition was transferred and the maintenance case is still pending. Pending maintenance case, the respondent filed a petition seeking interim maintenance. By an order dated 23.07.2024, the Trial Court directed the petitioner to pay a sum of Rs.10,000/- as interim maintenance to the respondent.

4. The learned counsel appearing for the petitioner submitted that the petitioner filed a divorce petition on the ground of adultery. He also contended that the respondent is running beauty parlour and tatoo business. He also produced some photographs to show that the respondent was in the company of her paramour. However, it is to be

noted that the order under challenge pertains only to the grant of interim maintenance by the Trial Court. The allegations, divorce proceedings and photographs produced are all matters to be adjudicated upon during the course of trial.

5. In view of the above, this Court finds no infirmity or illegality in the order dated 23.07.2024 passed in M.P.No.1676 of 2023 in M.C.No.426 of 2023 by the Additional Family Court, Chennai. However, the Trial Court is directed to complete the trial in M.C.No.426 of 2023 within a period of three months from the date of receipt of a copy of this order.

6. In the result, this Criminal Revision Case stands dismissed. Consequently, connected miscellaneous petition is closed. 23.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To The I Additional Family Court, Chennai G.K.ILANTHIRAIYAN, J.

Lpp 23.07.2025