Karunakaran@Dinesh v. Jaya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-03-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN and CRL MP No.16140 of 2024

1. Karunakaran@Dinesh S/o. Sambasivam, No.16, Mariamman Koil Street, Rasapalayam, Thukanampakkam, Cuddalore.

Petitioner(s) Vs

1. JAYA W/o. Karunakaran, Pennaiyar Road, Loganathan Nagar, Manjakuppam, Cuddalore District.

Respondent(s) PRAYER This Criminal Revision Petition is filed under Section 438 and 442 of BNSS, to call for the records in respect of the order made in MC.No.21/2022 dated 1/6

02.09.2024 on the file of Family Court at Cuddalore. For Petitioner(s):

M/s.S.Senthilkumar For Respondent(s):

Not ready in notice

ORDER

This Criminal Revision Petition has been filed to call for the records in respect of the order dated 02.09.2024 passed in MC.No.21/2022 on the file of Family Court at Cuddalore.

2. The learned counsel for the petitioner/husband submitted that the respondent/wife left the matrimonial home without any valid reason. Hence, she is not entitled to get any maintenance amount. Further, the petitioner is jobless and he has no income. Hence, the order of maintenance amount of Rs.7,500/- is exorbitant.

3. This Court has carefully gone through the records and also heard the learned counsel for the petitioner.

4.The relationship between the parties, is admitted. Though the learned counsel for the petitioner submitted that the respondent/wife left the 2/6

matrimonial home without any valid reason, the respondent/wife has stated in the maintenance case that after marriage, her in-laws caused mental and physical cruelty and they demanded dowry. The petitioner/husband has not questioned about the same. Hence, the respondent/wife is not able to live with the petitioner peacefully. Hence, she left the matrimonial home. The respondent has stated in the maintenance case, that the petitioner is running a metal company and earning Rs.50,000/- per month, whereas the petitioner has stated that he is running a "Thava" metal company and earning Rs.15,000/- . The Family Court ordered maintenance amount of Rs.7,500/- per month. The petitioner has not established that the respondent/wife is a woman of means and she is able to maintain herself.

In the absence of the same, the petitioner/husband has the bounden duty to maintain the wife. Therefore, maintenance amount of Rs.7,500/- awarded by the Family Court is reasonable. Considering the rise in price index day by day and the cost of living as on date, the maintenance amount of Rs.7,500/- per month is reasonable. This Court does not find any compelling reasons to interfere with the impugned order passed by the learned Judge, Family Court.

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5. Hence, this Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed.

28-03-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To Family Court at Cuddalore.

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P.VELMURUGAN J mfa and CRL MP No.16140 of 2024 28-03-2025 6/6