Madras High CourtCRL RC(MD)/259/2022dismissed

Karthikeyan v. K.Vidhya Nehru

2022-03-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.259 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.259 of 2022 & Crl.MP(MD) No.3445 of 2022 Karthikeyan.

... Petitioner/ Respondent/ Respondent Vs

1. K.Vidhya Nehru

2. Minor K.Nishanthkumar

3. Minor K.Luxsen Jai (Minor 2nd & 3rd Respondents Represented through their Mother and Natural Guardian 1st Respondent) ... Respondents/ Petitioners/ Petitioners Prayer: This Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C. to call for records to set aside the order in Cr.MP.No.7 of 2020 in MC.No.85 of 2019 dated 30.11.2021, on the file of the learned Family Court,Madurai.

For Petitioner : Mr.S.Balakarthick

O R D E R

This Criminal Revision Petition has been filed challenging the order in Cr.MP.No.7 of 2020 in MC.No.85 of 2019 dated 30.11.2021, passed by the learned Family Court, Madurai, thereby, ordered maintenance of Rs.15,000/- payable by the petitioner to the respondents, as interim monthly maintenance.

2.The petitioner is the husband and the first respondent is the wife. Due to misunderstandings and harassment, the respondents were driven out from their matrimonial home and living separately. Therefore, the first respondent filed a petition for maintenance, against the petitioner herein in M.C.No.85 of 2019, before the Family Court, Madurai. While pending the maintenance case, the first respondent filed petition for interim maintenance and the same was allowed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.259 of 2022 3.A perusal of records, reveals that the petitioner is working as an Engineer in Hitech Arai (P) Limited and getting monthly salary of Rs.60,000/-. The second respondent is studying in the seventh standard and the third respondent is studying in the third standard in Mahatma Matriculation School. The petitioner failed to maintain his children, even did not pay the school fees. 4.Considering the above, the Court below rightly ordered Rs.15,000/- (Rupees Fifteen Thousand) as interim monthly maintenance, payable by the petitioner to the respondents, till the disposal of the maintenance case. There is no infirmity or illegality in the order passed by the Court below. 5.Accordingly, this Criminal Revision Petition is dismissed. The trial Court is directed to dispose the maintenance case, within three months, from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judge, Family Court, Madurai.

COPY TO:

The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

ORDER IN Crl.R.C.(MD)No.259 of 2022 & Crl.MP(MD) No.3445 of 2022 15.03.2022 PNM MS/01.04.2022/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2