A.Madhavan v. A.Shyamala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.03.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN A.Madhavan ... Petitioner Vs.

1.A.Shyamala 2.Selvi.Deepika

3. Master.Naveen (2 and 3 are minors and attained major in pending proceedings) ... Respondents Prayer: Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C., to set aside the order passed by the learned VII Additional Family Court at Chennai, in M.C.No.547 of 2007 dated 27.02.2023. For Petitioner : Mr.S.Natarajan For Respondents : Mr.B.Kalarani 1/6

ORDER

This Criminal Revision Case has been filed by the petitioner to set aside the order passed by the VII Additional Family Court at Chennai, in M.C.No.547 of 2007 dated 27.02.2023.

2. This case is related to the maintenance case of the year 2007. In one way or other, till 2023, the maintenance case was pending before the Judge, Family Court and thereafter, the learned Judge was able to dispose of the same on 27.02.2023.

3. Though sufficient opportunity was given, the petitioner is trying to protract the case in one way or other way even after filing of this revision petition and that this revision is still pending under the caption "notice of motion".

4. Since the maintenance case is a summary proceedings and it was already pending before Family Court for quite a long time, though the petitioner has not come forward to prosecute this revision, this Court is 2/6

inclined to dispose of this case by perusing the records.

5. The case of the petitioner is that the first respondent is wife and the respondents 2 and 3 are his children. When the respondents 2 and 3 were minors, the 1 st respondent filed maintenance case before the VII Additional Family Court in M.C.No.547 of 2007 and the same was pending in one way or other till 2023 and pending M.C., the respondents 2 and 3 attained majority and also the 2 nd respondent got married. Thereafter, on 27.02.2023, the learned Judge, Family Court disposed of the case by granting maintenance to respondents on periodical wise as stated below: Period Petitioner 1 Petitioner 2 Petitioner 3 2007 to 2011 Rs.3,000/- Rs.2,500/- Rs.2,500/- 2012 to 2016 Rs.4,000/- Rs.3,500/- Rs.3,500/- 2017 to 2021 Rs.5,500/- Rs.5,000/- Rs.5,000/- 2022 to 2023 Rs.7,000/- Rs.6,000/- Rs.6,000/-

6. Aggrieved by the order of maintenance, the husband has filed the present revision.

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7. It is seen from the records and from the order passed by the Judge, Family Court and also from the grounds taken by the petitioner that the relationship of the parties are not in dispute. The 1 st respondent is not a woman of means and she is unable to maintain herself and the children. Further, the petitioner and the respondents are living separately.

8. Therefore, considering the economical status and the cost of living prevailing as on date, the learned Judge has awarded maintenance on periodical wise as shown in the tabular column and since pending M.C., the 2 nd respondent got married, maintenance has been ordered till the date of her marriage. Insofar as the 3 rd petitioner is concerned, maintenance has been ordered till the date of his attainment of majority. Therefore, this Court finds no reason to interfere with the order passed by the Judge, Family Court. The maintenance ordered by the Judge, Family Court is reasonable and not exorbitant and there is no merits in this revision.

9. Accordingly, this Criminal Revision Case is dismissed. 4/6

10. The petitioner is directed to comply with the order of the Judge, Family Court passed in M.C.No.547 of 2007 dated 27.02.2023, failing which, the Judge, Family Court is directed to issue warrant to the petitioner and execute the order order.s 24.03.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 To The VII Additional Family Court Chennai 5/6

P.VELMURUGAN. J.

Ksa-2 24.03.2025 6/6