Dhivya v. B.S.Shravan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1701 of 2023

1. Dhivya

2. Minor B.S.Shrenik Rep. by mother and guardian Dhivya ... Petitioners Vs.

B.S.Shravan ... Respondent PRAYER: Criminal Revision has been filed under Section 397 & 401 of Cr.P.C., praying to set aside the order by enhance the maintenance amount ordered in M.C.No.612 of 2013 dated 15.04.2023 by the learned I Additional Principal Judge, Chennai and to direct the respondent to pay a sum of Rs.25,000/- to the first petitioner and Rs.25,000/- to the second petitioner from the date of filing the said petition.

For Petitioners :

Mr.Sudharshana Sunder For Respondent :

Mrs.S.Revathi For Mrs.S.Udhayakumar

ORDER

This Criminal Revision has been preferred as against the order dated 15.04.2023, passed by the learned I Additional Principal Judge, Chennai, in M.C.No.612 of 2013, thereby ordered maintenance of Rs.10,000/- from the

date of filing of that petition to till the date of that order and thereafter a sum of Rs.20,000/- in favour of the second respondent. 2.

The first petitioner is the wife of the respondent and they got married on 04.05.2006. After their marriage, they gave birth to the second petitioner. While being so, they had misunderstanding and as such, the petitioners were driven out from the matrimonial home and they were living separately. Therefore, they could not maintain themselves and filed maintenance petition seeking monthly maintenance of Rs.25,000/- per month to the first petitioner and a sum of Rs.35,000/- per month to the second petitioner. The first petitioner stated that initially the respondent was running a restaurant in Mysore in the name and style of "Cross Road Restaurant" and due to loss, the respondent closed the restaurant. Thereafter, the respondent took a job in a life insurance company at Mysore and earning huge amount.

After full fledged trial, the trial Court awarded maintenance only in favour of the second petitioner alone to the tune of Rs.10,000/- per monthly till the date of award and thereafter ordered to pay a sum of Rs.20,000/- per month as maintenance. Aggrieved by the same the petitioners filed the present revision for enhancement of the maintenance amount.

3.

Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4.

On perusal of the records, it is revealed that the trial Court concluded that though the respondent is earning salary more than Rs.1,00,000/- , he has to maintain his aged parents. Further, the first petitioner is also earning reasonable income. Therefore, the trial Court awarded maintenance in favour of the second petitioner alone. This Court finds no infirmity or illegality in the order passed by the Court below.

5.

Accordingly, the Criminal Revision Case stands dismissed. 11.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts To

1. The I Additional Principal Judge, Chennai.

G.K.ILANTHIRAIYAN. J, rts 11.08.2025