Madras High CourtCRL RC(MD)/82/2018dismissed

R.Chellaiah @ Perumal v. Radhakrishnan

2018-02-12Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.02.2018

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.R.C.(MD) No.82 of 2018 R.Chellaiah @ Perumal ... Petitioner / Petitioner vs.

1.Radhakrishnan 2.Ravichandran ... Respondents / Respondents PRAYER: Criminal revision filed, under Section 397 r/w 401 Cr.P.C., to call for the records connected with the order, dated 27.05.2015 in M.C.No.4 of 2014, on the file of the Family Court, Dindigul and to set aside the same.

For Petitioner : Mr.P.T.S.Narendra Vasan For 2nd Respondent : Mr.G.Gomathi Sankar

O R D E R

For the sake of convenience the parties herein are referred to by their names.

2.Chellaiah @ Perumal filed M.C.No.4 of 2014 before the Family Court Dindigul against his two sons viz., Radhakrishnan and Ravichandran for maintenance under Section 125 Cr.P.C. and the maintenance petition was dismissed by the Family Court by order dated 27.05.2015, holding that Chellaiah had two wives and his second wife Jothi has three children; that Radhakrishnan and Ravichandran are always ready and willing to maintain Chellaiah, https://hcservices.ecourts.gov.in/hcservices/ however, Chellaiah is willingly not going and living with them and

instead he is living with Jothi and has filed the maintenance application.

3. On a reading of the counter filed by the Ravichandran before the Family Court shows that Radhakrishnan and Ravichandran were always ready and willing to maintain their father, but it was their father, who deserted them and started living with his second wife Jothi and through her he has three children and the three children born through Jothi have attained majority and are financially well placed. Therefore, the trial Court denied maintenance to Chellaiah. This Court does not find any serious infirmity in the order passed by the Family Court, warranting interference by this Court.

4. In view of the above, the criminal revision case is devoid of any merits and the same is dismissed.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To The Judge, Family Court, Dindigul.

+1cc to M/S.PT.S.NARENDRAVASAN, Advocate SR.No.48514. +1cc to M/S.G.GOMATHI SANKAR, Advocate SR.No.48145. Crl.R.C.(MD) No.82 of 2018 12.02.2018 sj SDS/KKR/SAR 3/22.02.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/