B.Prasitha v. K.Vinoth Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2025

CORAM

THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.R.C.No.1778 of 2023

1. B.Prasitha

2. V.Niralika ... Petitioners Vs K.Vinoth Kumar ... Respondent PRAYER: Criminal Revision case filed under Section 397 r/w 401 of Criminal Procedure code, praying to set aside the order dated 12.07.2023 passed by the IV Additional Family Court, Chennai in M.C.No.407 of 2021. For Petitioner :

Mrs.K.Sumathi For Respondent :

No appearance

ORDER

The petitioners are the wife and daughter of the respondent herein. The petitioners filed a petition in M.C.No.407 of 2021 under Section 125 1\5

Cr.P.C. claiming maintenance at the rate of Rs.50,000/- per month to the 1st petitioner and Rs.1,00,000/- per month to the 2nd petitioner and the said petition has been partly allowed directing the respondent herein to pay a monthly maintenance of Rs.20,000/- each. Being aggrieved by that, the petitioners have filed the above revision before this Court.

2. There is no representation on half of the respondent, despite name printed in the cause list.

3. The learned counsel for the petitioner submitted that the petitioners are the wife and daughter of the respondent and they were deserted by the respondent. The respondent is residing at Canada and employed in a reputed company and earning Rs.6,00,000/- per month. To that effect a copy of the payslip of the respondent has also been produced and the same has been marked as Ex.P8 before the trial Court. She further submitted that despite the fact that the respondent is earning Rs.6,00,000/- at that relevant period, the trial Court has erroneously fixed the quantum of maintenance as Rs.40,000/-. Hence, the learned counsel prays this Court for enhancement 2\5

of maintenance amount.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. The petitioner obtained the respondent's address from the respondent's brother and served fresh notice at Canada address. The petitioner also filed a memo on 18.03.2025 along with track report and the notice was delivered on 17.03.2025 in Canada but there was no representation on behalf of the respondent on 23.09.2025. Even today, there is no representation on behalf of the respondent despite name printed in the cause list. On perusal of the salary certificate, it discloses that the respondent was earning Rs.6,00,000/- in the year 2017. The salary certificate relied on by the 1st petitioner was not disputed by the respondent. But however before the trial Court, the respondent has not appeared nor denied the allegation made by the petitioners. Considering the fact that the respondent is earning more than Rs.6,00,000/- per month as on date, this Court is inclined to enhance the monthly maintenance as Rs.1,50,000/- 3\5

totally to the petitioners from the date of filing of the petition. Arrears for the said amount to be paid by the respondent within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above observation and direction, the Criminal Revision is disposed of. The order of the IV Additional Family Court, Chennai in M.C.No.407 of 2021 dated 12.07.2023 is hereby set aside. 09.10.2025 Index : Yes/No Speaking/Non Speaking order dpq To 1.The IV Additional Family Court, Chennai 4\5

T.V.THAMILSELVI, J.

dpq Crl.R.C.No.1778 of 2023 09.10.2025 5\5