E.Rajendran v. R.Ragapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1104 of 2025 E.Rajendran ... Petitioner Vs

1. R.Ragapriya

2. R.Deepthi (Minor)

3. R.Shalini (Minor) (respondents 2 and 3 rep. By their mother ... Respondents PRAYER: Criminal Revision Case is filed under Section 397 and 401 of the Cr.P.C., to set aside the Order passed in M.P.No.753 of 2023 in M.C.No.227 of 2023 dated 18.10.2024 on the file of the learned I Additional Judge, Family Court, Chennai and allow the present criminal revision petition. For Petitioner : Mr. C.Mayakrishnan

O R D E R

This Criminal Revision has been filed to set aside the Order passed in M.P.No.753 of 2023 in M.C.No.227 of 2023 dated 18.10.2024 on the file of the learned I Additional Judge, Family Court, Chennai, thereby ordered interim maintenance.

2. The petitioner is the husband of the 1st respondent and out of the wedlock, the respondents 2 and 3 were born. Thereafter, on account of some misunderstanding, the petitioner and the respondents got separated and the respondents were residing in the matrimonial home. Therefore, they could not maintain themselves and hence the respondents filed a petition for maintenance in M.C.No.227 of 2023. While pending maintenance petition, the respondents filed a petition for interim maintenance in M.P.No.753 of 2023 and the same was ordered directing the petitioner to pay a sum of Rs.10,000/- each to the respondents herein. Aggrieved against the said order, the petitioner has come up with the present Revision.

3. The learned counsel for the petitioner submits that so far the petitioner has paid a sum of Rs.5 1⁄2 lakhs and the same was not considered by the trial court while ordering interim maintenance, thereby pleaded to allow the present Revision.

4. On perusal of the records, it reveals that the petitioner is a Manager in a private finance company and drawing a salary more than Rs.80,000/-, as monthly salary. Further, on perusal of the account statement produced by the petitioner reveals that water charge, auto charge and other miscellaneous expenses were paid by the petitioner.

5. Considering the monthly salary of the petitioner, this Court is inclined to reduce the interim maintenance as Rs.7,000/- each to the respondents. Accordingly, the present Revision is partly allowed and the trial court is directed to dispose of the maintenance case within a period of six months from the date of receipt of copy of the order.

17.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd

G.K.ILANTHIRAIYAN, J.

ssd To

1. The I Additional Judge, Family Court, Chennai

2. The Public Prosecutor, Madras High Court, Chennai.

Crl.R.C.No. 1104 of 2025 17.07.2025