Madras High CourtCRL RC/1973/2024dismissed

Anbarasu v. Priya

2025-03-28Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.RC.No.1973 of 2024 and Crl.M.P.No.16110 of 2024 Anbarasu ... Petitioner Vs.

1. Priya

2. Minor. Sudarshana represented by her mother and next friend Priya ... Respondent Prayer: Criminal Revision Case filed under Section 438 and 442 of the B.N.S.S. to call for records and to set aside the order in F.C.M.C. No.18 of 2017 dated 09.03.2020 passed by the learned Family Court Judge, Chengalpattu.

For Petitioner : No Appearance For Respondent : Mr.S.Anburaja

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order in F.C.M.C. No.18 of 2017 dated 09.03.2020 passed by the Family Court Judge, Chengalpattu.

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2. Despite giving sufficient opportunity, when the matter is taken up for hearing, there is no representation for the petitioner.

3. Since the present revision is arising out of the order of maintenance passed in the year 2020 i.e. dated 09.03.2020, this Court is inclined to dispose of this revision by perusing the records.

4. A perusal of records shows that the petitioner is husband of the first respondent. The second respondent is the child born to them. The respondents filed a maintenance case in F.C.M.C. No.18 of 2017 before the Family Court Judge, Chengalpattu. The learned Judge, Family Court after enquiry ordered monthly maintenance of Rs.10,000/- each to the respondents. Challenging the same, the husband has filed the present revision.

5. A reading of the records shows that at the time of marriage, the petitioner was working as a Cashier and getting Rs.30,000/- as monthly salary and he is having agricultural property and also house and vacant site and that these facts were not disputed or disproved by the petitioner. Further, the 2/4

relationship of the parties is admitted and it is also admitted that the respondents are living separately away from the petitioner.

6. Therefore, considering the facts and circumstances, the economical status of the petitioner and that the price index is moving forward by day by day and also considering the cost of living prevailing as on date, the order of monthly maintenance of Rs.10,000/- each to the respondents, is reasonable and this Court finds no perversity or compelled reason to interfere with the same order passed by the Judge, Family Court.

7. Accordingly, this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is closed. 28.03.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To The II Additional Principal Family Court, Chennai.

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P.VELMURUGAN. J.

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