Rajesh Balachandar v. Sangeetha

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.13410 of 2024 Rajesh Balachandar ... Petitioner Vs.

1. Sangeetha

2. Minor Yashika Shree Rep by her mother and Natural guardian Sangeetha ... Respondents 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 pertaining to the impugned order dated 26.04.2024 passed in M.C.No.83 of 2020 by the learned V Additional Principal Family Court at Chennai and set aside the same by allowing the present revision. For Petitioner :

Mr.R.Dilli Kumar For Respondents :

No appearance

ORDER

This Criminal Revision has been preferred challenging the order dated 26.04.2024, passed by the learned V Additional Principal Judge, V Additional Family Court, Chennai, in M.C.No.83 of 2020, thereby ordered monthly maintenance of Rs.25,000/- in favour of the first respondent and

Rs.30,000/- in favour of the second respondent. 2.

The petitioner got married the first respondent and gave birth to the second respondent. Due to misunderstanding, they got separated and living separately. Therefore, the respondents could not maintain themselves and as such they filed petition for maintenance. On perusal of oral and documentary evidence, the trial Court directed the petitioner to pay a sum of Rs.25,000/- in favour of the first respondent and a sum of Rs.30,000/- in favour of the second respondent as monthly maintenance. Aggrieved by the same, the petitioner filed the present revision.

3.

The learned counsel appearing for the petitioner submitted that the first respondent is working in a private concerned and she has also filed income tax returns. He produced the income tax returns before this Court and it shows that the first respondent paid income tax for the financial year 202122 and 2022-23. However, the petitioner failed to prove that the first respondent is working with any other documents. 4.

Heard the learned counsel appearing for the petitioner and

perused the materials placed before this Court. Though notice served and the names are also printed in the cause list, no one is appeared on behalf of the respondents either in person or through counsel. 5.

Considering the above facts and circumstances, this Court is inclined to reduce the monthly maintenance payable by the petitioner in favour of the first respondent alone. Accordingly, the monthly maintenance payable by the petitioner to the first respondent in order dated 26.04.2024 passed by the learned V Additional Principal Judge, V Additional Family Court, Chennai, in M.C.No.83 of 2020, is reduced to the tune of Rs.15,000/- (Rupees fifteen thousand only). The maintenance amount as ordered by the trial Court in favour of the second respondent is hereby confirmed. 6.

Accordingly, the Criminal Revision Case stands partly allowed. Consequently, connected miscellaneous petition is closed. 23.07.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The V Additional Principal Judge, V Additional Family Court, Chennai.

and Crl.M.P.No.13410 of 2024 23.07.2025