Rejitha Raghu v. C.Bharathi Priyan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1003 of 2025 and Crl.M.P.No.13370 of 2025

1. Rejitha Raghu

2. Baby B.P.Druv

3. Baby B.P.Dhanvi ... Petitioners Vs C.Bharathi Priyan

...Respondent

PRAYER : Criminal Revision has been filed under Section 438 r/w 442 of BNSS, 2023, praying to call for the records relating to the fair order and decree made in M.C.No.401 of 2023 on the file of the 1st Additional Family Court at Chennai dated 24.06.2024 to enhance the quantum of maintenance. For Petitioner : Mr.S.Senthilnathan For Respondent : No appearance

ORDER

This Criminal Revision has been filed against the order passed in MC.No. 401 of 2023 on the file of I Additional Family Court, Chennai dated 24-06-2024 for enhancement of monthly maintenance from Rs.30,000/- to Rs.

2,25,000/- per month. The marriage between the 1st petitioner and the respondent was solemnized on 30-10-2020 and out of their wedlock, they had two children i.e., petitioners No. 2 and 3 herein. Thereafter, due to misunderstanding, the petitioners were driven out from the matrimonial home. At present, they are living separately and they could not maintain themselves. Therefore, the petitioners filed a petition seeking monthly maintenance before the Trial Court. After receipt of notice from the trial court, the respondent failed to appear before the trial court. As such, he was called absent and set ex-parte. On the basis of the evidence of the petitioners and the documents, the trial court awarded a sum of Rs.10,000/- each to the petitioners payable by the respondent as monthly maintenance. Aggrieved by the same, the petitioners preferred this revision for enhancement of the monthly maintenance.

2. Heard the learned counsel for the petitioner. Though notice served on the respondent and his name is printed in the cause list, no one is appeared before this Court either in person or through counsel.

3. On perusal of the records, it is revealed that according to the petitioners, the respondent is working as 2E in Maersk International Container Shipping Company and drawing more than Rs.5,00,000/- per month. However, the petitioners failed to produce any documents to show that the respondent is

working in the private shipping company and drawing a salary of Rs. 5 lakhs. Admittedly, the respondent is an Engineer and working in the International Shipping company. Therefore, he would have receive a reasonable salary and as such, the Trial court awarded a maintenance of Rs.10,000/- each to the petitioners. Further, the first petitioner is not working anywhere. As such, considering the second and third petitioner's education, this Court is inclined to enhance the monthly maintenance from Rs.10,000/- each to Rs. 15,000/- each.

4. Accordingly, the order of maintenance passed by the trial court is modified to the effect that the respondent shall pay a sum of Rs.15,000/- each to the petitioners as monthly maintenance. The petitioners are at liberty to file a petition to claim arrears of maintenance in accordance with the law before the trial court.

5. With this direction, this Criminal Revision Case is partly allowed. 20.08.2025 Speaking order/Non-speaking order Index :Yes/No Internet :Yes/No nr

To The 1st Additional Family Court, Chennai

G.K.ILANTHIRAIYAN, J.

nr 20.08.2025