L.Yuvaraj v. B.Rekha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.R.C.No.1775 of 2025 and Crl M.P.No.17672 of 2025 L. Yuvaraj ... Petitioner Vs.

1.Mrs. R. REkha 2.Master Y. Tarun ... Respondents PRAYER : This petition is filed under Section 438 r/w 442 of BNSS Act to call for the records and set aside the order dated 25.04.2025 passed in Crl.M.P.No.1034 of 2024 in M.C.No.7 of 2022 on the file of the learned Judicial Magistrate, Additional Mahila Court, Alandur and pass orders. For Petitioner :

Mr.S. Raghuram For Respondent :

Mr. R. Vivekananthan 1/6

O R D E R

This Criminal Revision Case is filed to call for the records and set aside the order dated 25.04.2025 passed in Crl.M.P.No.1034 of 2024 in M.C.No.7 of 2022 on the file of the learned Judicial Magistrate, Additional Mahila Court, Alandur

2. The marriage between the petitioner and the first respondent was solemnized on 02.09.2013 and out of their wedlock a male child was born to them. Due to dispute arose between them, the first respondent left the matrimonial home and stayed at her parents home along with her child . Thereafter, she filed a petition under Section 125 of Cr.P.C seeking maintenance in M.P.No.7 of 2022 and the same was allowed on 20.08.2022 with a direction to the petitioner herein to pay a sum of Rs.35,000/- per month as maintenance to the respondents. 2/6

Challenging the same, the petitioner has filed Crl.M.P.No.1034 of 2024 in M.C.No.07 of 2022 and the same was ordered on 25.04.2025, wherein the learned Judge has directed to pay the arrears of maintenance for a sum of Rs.1,00,000/- and posted the matter under the caption " for compliance" on 16.05.2025. Challenging the said order the petitioner has come up with this petition.

3. The learned counsel appearing for the petitioner submitted that the first respondent/wife has deliberately given a wrong address, due to which summons was not issued to the petitioner and the impugned order is only an ex-parte order. He further submits that the petitioner filed Crl.M.P.No.1032 of 2024 to set-aside the ex-parte order dated 20.08.2022 and the same was allowed on condition to pay Rs.1,00,000/- as arrears of maintenance and posted for reporting compliance. Hence, prays to allow this petition.

4. The learned counsel appearing for the respondents submits that petitioner is working in Canara Bank and earning a fanciful salary to meet his luxurious 3/6

needs. He further submits the first respondent is working in a private company and earning a good salary and she is able to maintain herself and the minor son.. Hence, prays to enhance the monthly maintenance.

5. Heard both sides and perused the materials available on record.

6. On a perusal of records, it is seen that this Court vide order dated 19.09.2025 has granted an interim order on condition that the petitioner shall deposit a sum of Rs.1,00,000/- to the credit of M.C.No.7 of 2022 on the file of the learned Judicial Magistrate, Additional Mahila Court, Alandur. Pursuant to which the petitioner has deposited the said amount on 03.10.2025 and a memo was also filed to that effect.

7. It is seen from records that the petitioner has not appeared before the Court below and the impugned order is only an ex-parte order and the petitioner has also complied with the orders passed by this Court and deposited the said 4/6

amount. Hence, the petitioner is directed a sum of Rs.3,00,000/- towards arrears of maintenance within a period of five weeks from the date of receipt of a copy of this order. The maintenance amount ordered by the Court below is modified and the petitioner is directed to pay a sum of Rs.22,000/- as monthly maintenance till the same is modified by any Court. On payment of arrears amount the first respondent shall withdraw the same. It is also made clear that the first respondent shall withdraw the amount of Rs.1,00,000/- which was already deposited by the petitioner.

8. With the above directions this Criminal Revision Case stands disposed of. Consequently the connected miscellaneous petition is closed. 05.11.2025 smn To The learned Judicial Magistrate, Additional Mahila Court, Alandur 5/6

T.V.THAMILSELVI , J.

smn Crl.R.C.No.1775 of 2025 and Crl M.P.No.17672 of 2025 05.11.2025 6/6