Madras High CourtCRL RC(MD)/228/2022dismissed

S.Seenivasan v. Minor Sharmila

2022-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C(MD)No.228 of 2022 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.228 of 2022 and Crl.M.P(MD)No.3124 of 2022 Seenivasan ... Revision Petitioner/Respondent Vs.

1.Minor Sharmila 2.Minor Shalini ... Respondents/Petitioners (RR 1 & 2 represented through their guardian Pavunraj) PRAYER: Criminal Revision Case filed under Section 397 read with Section 401 of the Code of Criminal Procedure, to call for the records relating to the order, dated 06.01.2022 made in M.C.No.13 of 2020 on the file of the Family Court, Srivilliputhur and set aside the same by allowing the present Criminal Revision Petition. For Petitioner : Mr.A.Sivasubramanian

ORDER

This revision has been filed as against the order, dated 06.01.2022 made in M.C.No.13 of 2020, on the file of the Family Court, Srivilliputhur, thereby ordered maintenance for a sum of Rs.5,000/- each payable by the petitioner to the respondents herein. 2.The petitioner is the father and he had two minor daughters, who are the respondents herein. They represented through their grandfather filed a petition for maintenance on the ground that the petitioner married their mother on 26.05.2002 and she died on 19.04.2015. The petitioner had no income and as such, the respondents were maintained by their grandfather. Since their grandfather is the pensioner, he could not able to maintain the respondents and as such, they filed a maintenance case under Section 125 of Cr.P.C in M.C.No.13 of 2020 on the file of the Family Court, Srivilliputhur.

3.The learned counsel appearing for the petitioner would submit that the petitioner being the father is duty bound to maintain his two children, however, he has no permanent income and the maintenance amount awarded by the Court below is very high and prayed for reducing the same.

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Crl.R.C(MD)No.228 of 2022 4.On a perusal of the records revealed that the quantum of maintenance at Rs.5,000/- each payable by the petitioner, that too, for the respondents, aged about more than 17 and 14, is very low and it cannot be reduced. That apart, there is no ground to interfere in the order passed by the Court below and as such, the Criminal Revision Case is devoid of merits and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) ps 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 1.The Judge, Family Court, Srivilliputhur.

Crl.R.C(MD)No.228 of 2022 08.03.2022 MGJ(18.03.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2