Thangavel v. Deivanai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and Crl.M.P.No.17941 of 2022 Thangavel ... Petitioner Vs.

Deivanai ... Respondent Prayer : Criminal Revision Case filed under Section 397 and 401 Cr.P.C, praying to set aside the order dated 22.08.2022 made in M.C.No.23 of 2021 passed by the Family Court, Perambalur.

For Petitioner : Mr.D.Gopinathan For Respondent : Mr.N.Balamurali Krishnan *****

ORDER

This Criminal Revision Case is filed against the order of the Family Court, Perambalur, dated 22.08.2022 made in M.C.No.23 of 2021. Page No.1 of 4

2. The case of the petitioner is that, the petitioner/husband is age about 78 years and senior citizen and the respondent/wife was aged about 72 years. At the age of 68 years, the respondent filed a maintenance case under Section 125 of Cr.P.C. in M.C.No.23 of 2021 on the file of learned Family Court, Perambalur claiming maintenance amount of Rs.10,000/-. After adjudication, the Trial Court awarded a sum of Rs.9,000/- to the respondent/wife. Aggrieved by the same, the present revision is filed by the petitioner/husband.

3. The learned counsel appearing for the petitioner submitted that, the petitioner was a senior citizen and he has to take care of his grand children. He further submitted that, if this Court modifies the maintenance amount to a sum of Rs.7,500/- per month, the petitioner is ready to pay the arrears of amount within a specified time that may be fixed by this Court and in the future, he is ready to pay the maintenance amount to the respondent on or before the 5th day of every English Calendar month. Accordingly, he prays for appropriate orders. Page No.2 of 4

4. The learned counsel appearing for the respondent has no serious objection for the said order being passed.

5. In view of the consent expressed by the learned counsel for the parties, this Court modifies the maintenance amount as follows :- (i) the petitioner is directed to pay the arrears of maintenance amount at the rate of Rs.7,500/- per month to the respondent within a period of eight weeks from the date of receipt of a copy of this order ;

(ii) the petitioner is also directed to continue to pay the maintenance to the respondent on or before the 5th day of every English Calendar month.

6. With the above terms, the Criminal Revision Case is allowed. Consequently, the connected criminal miscellaneous petition is closed. 02.04.2024 Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp To The Family Court, Perambalur.

Page No.3 of 4

M.DHANDAPANI, J.

sp 02.04.2024 Page No.4 of 4