K.Venkadesan v. V.Manickavalli

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 13.06.2023 PRONOUNCED ON : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and Crl.MP.No.18750 of 2019 K.Venkadesan ... Petitioner/Respondent/Husband Vs.

V.Manickavalli .. Respondent/Petitioner/Wife PRAYER : This Criminal Revision Case is filed under Section 397 read with Section 401 of Cr.P.C., to set aside the order dated 06.09.2017 passed in M.C.No.11 of 2019 on the file of the Family Court at Karaikal and consequently, dismiss the petition filed under Section 125 Cr.P.C. For Petitioner : Mr.T.Sai Krishnan For Respondent : Mr.T.Susindaran Page No.1/4

ORDER

The respondent/wife filed MC No.11 of 2019 before the Family Court, Karaikal, seeking maintenance of Rs.5,000/- per month. After trial, the learned Judge, Family Court, vide order dated 06.09.2019, has directed the revision petitioner/husband to pay maintenance of Rs.5,000/- per month to the respondent/wife. Aggrieved against the said order passed by the Family Court, the husband has preferred this revision.

2. Taking into consideration that it is a matrimonial dispute and payment of maintenance, the matter was referred to mediation. However, mediation efforts have become futile and thus, the Criminal Revision Case is again posted before the regular Court.

3. Heard the respective learned counsel for the husband and wife and perused the materials available on record. Page No.2/4

4. Admittedly, the revision petitioner/husband-K.Venkadesan, is working as a Junior Assistant in M/s.Vinayaka Missions Medical College & Hospital at Karaikudi. The revision petitioner/husband filed Ex.R1-Salary certificate before the trial Court. On perusal of Ex.R1, the monthly salary of the revision petitioner/husband is Rs.17,759/- at the relevant point of time and he is paying Rs.3,500/- per month as maintenance for the minor daughter as per the order passed in Crl.M.P.No.16 of 2018 and further, he is also looking after his aged mother. The maintenance claimed by Respondent/wife is Rs.5,000/- per month. Hence, the order passed by the learned Family Court, cannot be termed as excessive and thus, I find no merit in this case. Accordingly, the Criminal Revision Case, is hereby dismissed. Consequently, the connected Criminal Miscellaneous Petition is closed.

15.06.2023 Index : Yes/No Speaking / Non-Speaking Order ars Page No.3/4

RMT.TEEKAA RAMAN,J., ars To

1. The Judge, Family Court, Karaikal.

2. The Public Prosecutor, High Court, Madras.

Pre-delivery order in 15.06.2023 Page No.4/4