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Madras High CourtCRL RC(MD)/75/2015partly allowed

Murugadoss v. Chithra

2015-04-17Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.RC.(MD)No.75 of 2015 and M.P.No.1 of 2015 B.Murugadoss : Petitioner Vs.

1.Chithra 2.Minor Priyadharshini : Respondents PRAYER: Petition is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records in Cr.R.P.No.30 of 2013, by the Additional District and Sessions Court, Dindigul, dated 15.12.2014, modifying the order made in M.C.No.2 of 2013, by the Chief Judicial Magistrate, Dindigul, dated 13.08.2013 and set aside the same.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.G.Thalaimutharasu

O R D E R

*********** The petitioner herein is the husband of the first respondent and the father of the second respondent. The respondents filed M.C.No.2 of 2013 before the learned Chief Judicial Magistrate, Dindigul, claiming maintenance under Section 125 of the Code of Criminal Procedure. The learned Chief Judicial Magistrate, by order dated 13.08.2013, directed the petitioner to pay a sum of Rs.1,000/- per month to the first respondent and a sum of Rs.1,500/- per month to her daughter. As against the same, the respondents filed Cr.R.P.No.30 of 2013. The learned Additional District and Sessions Judge, Dindigul, by order dated 15.12.2014, allowed the said revision in part and modified the order of the Lower Court and directed the petitioner to pay a sum of Rs.3,000/- per month each to the respondents herein towards their maintenance. Challenging the same, the petitioner has come up with the present Criminal Revision Case.

2. I have heard the learned counsel appearing for the petitioner, the learned counsel appearing for the respondents and perused the records carefully.

3. The learned counsel appearing for the petitioner would submit that as directed by the learned Chief Judicial Magistrate, Dindigul, the petitioner has been regularly paying a sum of https://hcservices.ecourts.gov.in/hcservices/

Rs.1,000/- per month to the first respondent and a sum of Rs.1,500/- per month to her daughter. He would further submit that it is in evidence that though the petitioner has completed B.Sc., B.Ed., and MBA, Degrees, he is unemployed and that he has got no permanent income. The learned counsel would further submit that the first respondent has got properties inherited from her family. Thus, according to the learned counsel, it is an exorbitant to direct the petitioner to pay a sum of Rs.3,000/- each to the respondents.

4. The learned counsel appearing for the respondents would submit that though the petitioner is not in any government service, he is an interpreter, doing business and conducting tuition, through which he is earning sufficient income.

5. I have considered the above submissions. Going by the evidence let in by both parties, having regard to the fact that the petitioner is an unemployed person, he has no permanent income and having regard to the fact that the first respondent has got some properties from her parents, in my considered view, it would be reasonable to direct the petitioner to pay a sum of Rs.2,000/- per month each to the respondents. As the first respondent has to give education to the second respondent, considering her future, the respondents would be at liberty to approach the learned Chief Judicial Magistrate for enhancement of the amount, if need be in future.

6. In view of all the above, this Revision is partly allowed, the order of the Lower Court is modified and the petitioner is directed to pay a sum of Rs.2,000/- [Rupees Two Thousand only] per month each to the respondents towards their maintenance from the date of petition before the learned Chief Judicial Magistrate, Dindigul. It is made clear that if any amount has already been paid to the respondents, the same shall be adjusted. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Additional District and Sessions Court, Dindigul. 2.The Chief Judicial Magistrate, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.D.Venkatesh, Advocate, in SR. No.20528/15. ORDER MADE IN NB CRL.RC.(MD)No.75 of 2015 msm 27.04.2015 p2/5c DATED - 17.04.2015 https://hcservices.ecourts.gov.in/hcservices/