M.Baskaran v. Vasantha @ Vangalayee

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.No.16642 of 2022 M.Baskaran S/o.Late Raju @ Marappa Gounder ... Petitioner Vs.

1.Vasantha @ Vangalayee W/o.M.Baskaran 2.Karthik S/o.M.Baskaran ... Respondents PRAYER : Criminal Revision filed under Section 379 r/w Section 401 of the Code of Criminal Procedure, 1973, to call for the records in M.C.No.2 of 2019 and set aside the order dated 23.08.2022, passed by the Family Court, Namakkal.

For Petitioner :

Mr.K.Selvakumar For Respondents :

Mr.K.Vijayaraghavan

O R D E R

The present criminal revision petition has been filed to set aside the order dated 23.08.2022, passed by the Family Court, Namakkal, in M.C.No.2 of 2019.

2. The petitioner is the husband and the respondents are wife and son of the petitioner. The marriage between the petitioner and the first respondent was solemnized on 15.09.1983. Out of the wedlock, two children were born and the second son Karthik is the second respondent herein. Due to matrimonial dispute and misunderstanding between them, they were living separately. The first respondent filed M.C.No.2 of 2019 on the file of Family Court, Namakkal, seeking maintenance. The Family Court, Namakkal, by order dated 23.08.2022, directed the petitioner to pay a sum of Rs.12,000/- p.m. to the first respondent on or before 5th of every month till the disposal of the case. The petitioner was further directed to deposit the arrears of maintenance within a period of one month from the date of such

order. Challenging the same, the present revision has been filed.

3. The learned counsel for the petitioner submitted that the maintenance awarded is on the higher side and that the petitioner is ready to pay the maintenance amount of Rs.10,000/- per month and the arrears of entire maintenance to the first respondent.

4. The learned counsel for the respondents has no objection.

5. In view of the limited request made by the learned counsel for the petitioner, the maintenance amount of Rs.12,000/- awarded by the Family Court, Namakkal, is reduced to Rs.10,000/- per month.

6. Accordingly, the petitioner is directed to pay maintenance sum of Rs.10,000/- to the first respondent regularly on or before 7th of every English calender month and to pay the entire arrears of maintenance to the first respondent from the date of petition till the date of deposit within a

period of four weeks from the date of receipt of a copy of this order and produce necessary proof before the said Court.

7. The Criminal Revision Petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. 17.04.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To The Family Court, Namakkal.

M.DHANDAPANI, J.

vji and Crl.M.P.No.16642 of 2022 17.04.2024