Prema v. G.Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Prema

2. Master Joshith ... Petitioners Vs G.Kumar ... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 & 442 of BNSS Act to call for the records of the order dated 27.08.2024 made in M.C.No.2 of 2023 on the file of the learned Judicial Magistrate No.II, Ponneri and set aside the same and allow the present Revision. For Petitioner : Mr.R.Ganesh Kumar

O R D E R

The present Revision has been preferred as against the order in M.C.No.2 of 2023 dated 27.08.2024 on the file of the learned Judicial Magistrate No.II, Ponneri seeking enhancement the monthly maintenance.

2. Heard the learned counsel for the petitioners and perused the

documents placed on record.

3. The petitioners are wife and daughter of the respondent. The 1st petitioner got married with the respondent on 02.09.2013 and gave birth to the 2nd petitioner herein. Due to misunderstanding between them, the petitioners were driven out of the matrimonial home and the petitioners were living separately, therefore, the petitioners were not able to maintain themselves. Hence the petitioners have filed a petition for maintenance. Admittedly, the respondent is working as a Production Manager and drawing a sum of Rs.80,000/- as salary. Considering the said facts and circumstances, the trial court ordered maintenance of Rs.7,000/- each to the petitioners. Aggrieved by the same, the petitioners have come up with the present Revision for enhancement of amount.

4. Even according to the petitioners, the respondent is working as Production Manager and drawing a salary around a sum of Rs.80,000/-, now, the petitioners have stated that the respondent is drawing a sum of Rs.1,00,000/- as salary, however, there is no evidence to prove the same. Therefore, the trial court rightly awarded maintenance of Rs.7,000/- each to the petitioners and this Court finds no reason to enhance the same, therefore, the present Revision is dismissed. However, the petitioners are at liberty to file a

petition before the trial court after some time, by any change of circumstances for enhancement of the maintenance amount in accordance with law. 12.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd To

1. The Judicial Magistrate No.II, Ponneri

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

G.K.ILANTHIRAIYAN, J.

ssd Crl.R.C.No. 1376 of 2025 12.08.2025