T.Ashok Kumar v. A.Nivetha
CRL RC No. 1675 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL RC No. 1675 of 2025 and Crl.M.P.Nos.17065 and 20274 of 2025
1. T.Ashok Kumar S/o. A.S. Thulasi Kumar, Residing at No.27/1, 15 th Street, Abirami Venue, KKD nagar, Chennai-600118.
Petitioner(s) Vs
1. A.Nivetha W/o. T. Ashok Kumar No.8B, Janakiram Reddy Colony, 1st Main Road, Villivakkam, Cuddalore-600049.
2.A. Sarah(Minor) Minor rep by Mother Mrs. A. Nivetha, No.8B, Janakiram Reddy Colony, 1st Main Road, Villivakkam, Cuddalore600049.
Respondent(s) PRAYER
CRL RC No. 1675 of 2025 To set aside or suitable modify the fair and Decretal order dated 30.04.2025 made in M.P.No.367/2025 in M.C.No.668 of 2024 passed by the 1 Additional Famil Court at Chennai.
For Petitioner(s):
M/s.D.Muthukumarappa For Respondent(s):
Mr.Elezhabath Ravi for Mr.D.Venkateswara Rao
ORDER
Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the petitioner.
2. It is brought to the notice of this Court that some error has been crept in paragraph No.7 of the order dated 31.10.2025. The said paragraph No.7 is to be replaced as follows:
" 7. However, the petitioner is duty bound to maintain his wife and child. Hence, this Court is inclined to award a sum of Rs.30,000/- as monthly maintenance to the respondent and the same shall be paid on or before 10 th of every English Calendar month until the disposal of main M.C.No.668 of 2024. Further the petitioner is directed to settle the arrears of maintenance, if any within a period of twelve weeks from the date of receipt of a
CRL RC No. 1675 of 2025 copy of this order."
3. Registry is directed to incorporate the above paragraph No.7, quoted above and issue fresh order copy to the parties forthwith.
4. In other respects, the order dated 31.10.2025 shall remain unaltered. 18-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
CRL RC No. 1675 of 2025 To 1.The 1 st Additional Family Court, chennai.
CRL RC No. 1675 of 2025 T.V.THAMILSELVI J.
rri CRL RC No. 1675 of 18-11-2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2025
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.R.C.No.1675 of 2025 and Crl.M.P.Nos.17065 and 20274 of 2025 Mr.T. Ashok Kumar ... Petitioner Vs.
1.Mrs. A. Nivetha 2.A.Sarah ( Minor) ... Respondents PRAYER : This petition is filed under Section 438 r/w 442 of BNSS Act to set aside or suitable modify the fair and Decretal order dated 30.04.2025 made in M.P.No.367/2025 in M.C.No.668 of 2024 passed by the 1 st Additional Family Court at Chennai and grant such further reliefs and pass orders For Petitioner :
Mr. D.Muthukumarappa For Respondent :
Mr.Elezhabath Ravi for MR. D. Venkateswara Rao 6/11
O R D E R
This Criminal Revision Case is filed to set aside or suitable modify the fair and Decretal order dated 30.04.2025 made in M.P.No.367/2025 in M.C.No.668 of 2024 passed by the 1 st Additiona Family Court at Chennai
2. The marriage between the petitioner and the first respondent was solemnized on 21.06.2021 and out of their wedlock a female 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 144(2) of the BNSS seeking maintenance in M.P.No.367 of 2025 in M.C.No.668 of 2024 and the same was allowed on 30.04.2025 with a direction to the petitioner herein to pay a sum of Rs.40,000/- per month as maintenance to the respondents . Challenging the same, the petitioner has filed the present petition.
3. The learned counsel for the petitioner submitted that the petitioner is only a contract employee and his monthly salary is Rs.40,000/- per month. He further 7/11
submitted that now the contract comes to an end and petitioner has resigned the job. Hence, prays to allow this petition.
4. The learned counsel for the respondent submits that even though she is employed, she could not meet out the monthly maintenance of the petitioner and it is very difficult for her to meet out her and her child daily expenses out of her meager income. Hence, prays to enhanced 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 15.09.2025 has granted an interim order on condition that the petitioner shall deposit a sum of Rs.2,00,000/- towards arrears of maintenance to the credit of M.C.No.668 of 2024 before the 1 st Additional Family Court at Chennai and the same was paid by the petitioner on 04.10.2025, which was also acknowledged by the respondent.
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7. However, the petitioner is duty bound to maintain his wife and child. A Hence, this Court is inclined to award a sum of Rs.25,000/- as monthly maintenance to the respondent and the same shall be paid on or before 10 th of every English calendar month until the disposal of main M.CNo.668 of 2024. Further the petitioner is directed to settle the arrears of maintenance, if any within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above directions this Criminal Revision Case stands disposed of . Consequently the connected miscellaneous petition are closed. 31.10.2025 smn To The 1 st Additional Family Court at Chennai.
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T.V.THAMILSELVI , J.
smn 10/11
Crl.R.C.No.1675 of 2025 and Crl.M.P.Nos.17065 and 20274 of 2025 31.10.2025 11/11