Inbarasu v. Selvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Inbarasu

...Petitioner

Vs.

Selvi

...Respondent

Petition filed under Section 379 r/w 401 of Code of Criminal Procedure to set aside the order dated 19.07.2023 in M.C.No.28 of 2022 on the file of the Family Court, Dharmapuri.

For Petitioner : Mr.J.Saravana Vel For Respondent : No appearance

ORDER

This Criminal Revision case is filed to set aside the order dated 19.07.2023 in M.C.No.28 of 2022 on the file of the Family Court, Dharmapuri.

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2. The case of the petitioner is that, the marriage of the petitioner/husband and the respondent/wife was solemnized on 24.06.2020. It is stated that the petitioner and the respondent have lived together only for about 102 days and due to some dispute, the respondent/wife has left the matrimonial home and presently residing at her maternal home. Thereafter, the respondent/wife has filed a maintenance case under Section 125 of Cr.P.C., in M.C.No.28 of 2022 on the file of Family Court, Dharmapuri, seeking a direction to the petitioner to pay a sum of Rs.30,000/- p.m., as maintenance to the respondent herein. After adjudication, the Trial Court, by its order dated 19.07.2023, partly allowed the M.C., directing the respondent/husband to pay a sum of Rs.4,000/- p.m., as maintenance and Rs.10,000/- per annum as medical and other expenses to the respondent/wife. Aggrieved with the same, the petitioner/husband has preferred the present revision.

3. The learned counsel for the petitioner/husband submits that this Court may confirm the order passed by the trial court and grant liberty to the petitioner to file appropriate application before the trial court for mediation, 2/6

expunging remarks and to modify the award passed by the trial court.

4. Though the notice was served on the respondent, no one appeared on her behalf. Considering the period of pendency of the revision petition, the same is disposed of based on the materials available on record.

5. Heard the learned counsel for the petitioner and perused the materials placed on record.

6. In view of the fair submission made by the learned counsel appearing for the petitioner, the order passed by the trial court in M.C.No.28 of 2022 is confirmed by directing the petitioner to pay a sum of Rs.4,000/- per month to the respondent as maintenance from 07.10.2022 and a sum of Rs.10,000/-per annum for medical and other expenses of the respondent from 07.10.2022 to 19.07.2023 on or before 7th of every English calender month and shall also pay the entire arrears of maintenance amount within a period of four(4) weeks from the date of receipt of a copy of this order. Upon payment of entire arrears of maintenance amount, liberty is granted to 3/6

the petitioner to file appropriate application for mediation, expunging remarks and for modification of the award passed by the trial court u/s. 127 of Cr.P.C. in the manner known to law.

7. With the above liberty, this revision petition is dismissed. 08.04.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No 4/6

To The Family Court, Dharmapuri 5/6

M.DHANDAPANI, J.

rap 08.04.2024 6/6