Madras High CourtCRL RC/955/2019disposed of

Seerangan v. Seerangammal

2020-02-04Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE R.MAHADEVAN Crl.R.C.No.955 of 2019 and Crl.M.P.No.13524 of 2019 Seerangan ... Petitioner/Respondent Vs.

Seerangammal ... Respondent/Petitioner Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to set aside the order passed in M.C.No.53 of 2016 dated 28.09.2018 on the file of the learned Family Judge, Salem.

For Petitioner: Mr.P.Yuaraj For Respondent: Mr.N.Vijaya Basker for M/s.Law Vision

O R D E R

The petitioner herein is the husband and the respondent herein is the wife. Due to a matrimonial dispute between them, they got separated. The respondent filed a petition for maintenance before the Trial Court, claiming a sum of Rs.10,000/- per month for her and the children. Considering the materials available on record, the Trial Court ordered the petitioner herein to pay a monthly maintenance of Rs.5,000/- to be paid from the date of petition for maintenance. The arrears of maintenance were also directed to be paid within three months. Challenging the same, the petitioner has come up with this Criminal Revision Case.

2.When this matter came up before this Court on 13.11.2019, the learned counsel for the petitioner submitted that the conditional order passed by this Court has been complied with and that the petitioner has deposited Rs.90,000/- before the Trial Court. Recording the same, this Court permitted the respondent to withdraw the said amount and the petitioner was permitted to take private notice to the respondent.

https://hcservices.ecourts.gov.in/hcservices/

3.Today, when this matter was taken up, the learned counsel on either side have agreed and submitted that a sum of Rs.4,000/- may be fixed as monthly maintenance amount to the respondent.

4.Taking note of the said submission, the impugned order passed by the Trial Court stands modified to the effect that the petitioner shall pay a monthly maintenance amount of Rs.4,000/- from the date of petition for maintenance. The monthly maintenance amount has to be paid to the respondent regularly by the petitioner by 5th of every succeeding English Calendar month, without any default. It is also made clear that the balance arrears amount, after deducting Rs.90,000/- which has already been deposited before the Trial Court, has to be paid by the petitioner to the respondent in two equal instalments. The first instalment has to be paid on or before 5th March 2020 and the second instalment has to be paid on or before 5th April 2020.

5.The Criminal Revision Case is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KM To 1.The Judge, Family Court, Salem.

+1cc to M/s.Law Vision, Advocate SR.8818 +1cc to Mr.S.P.Yuaraj, Advocate SR.8911 Crl.R.C.No.955 of 2019 and Crl.M.P.No.13524 of 2019 VBA(CO) CB(25/02/2020) https://hcservices.ecourts.gov.in/hcservices/