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Madras High CourtCRL RC(MD)/385/2022dismissed

Karthikeyan v. Vathsala

2022-04-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD) No.385 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD) No.385 of 2022 and Crl.M.P(MD) No.5005 of 2022 Karthikeyan ... Petitioner/Respondent Vs.

Vathsala ... Respondent/ Complainant PRAYER: Criminal Revision Case filed under Section 397 and 401 Cr.P.C., to call for the records relating to the order passed by the Family Court, Tiruchirappalli in M.C.No.43 of 2015 dated 21.10.2021 and set aside the same.

For Petitioner : Mr.V.Angusamy

ORDER

This Criminal Revision Case has been filed to set aside the order passed by the Family Court, Tiruchirappalli, in M.C.No.43 of 2015, dated 21.10.2021 and thereby, ordered maintenance of Rs.7,000/- (Rupees Seven thousand only) monthly maintenance payable by the petitioner herein.

2. The petitioner got married to the respondent on 24.02.2010. Due to their wedlock, they gave birth to a female child on 24.03.2011. Thereafter, the petitioner tortured the respondent and she was driven out from the matrimonial home. Therefore, the respondent filed the petition for maintenance.

3. On the side of the petitioner, P.W.1 and P.W.2 were examined. On the side of the respondent, she marked Exs.B.1 to B.7. On the side of the petitioner, he marked Exs.R.1 to R.13 and through Court witness Exs. 1 to 3 were marked.

4. A perusal of the oral and documentary evidence, the trial Court awarded a sum of Rs.7,000/- (Rupees Seven Thousand only) as monthly maintenance payable by the petitioner herein. A perusal of the evidence revealed that he categorically admitted that he is working in a Private Company and is drawing a salary of Rs.23,000/- (Rupees Twenty Three Thousand only). However, has stated that he is receiving a sum of Rs.30,000/- (Rupees Thirty Thousand only) as monthly salary. That apart, so far the petitioner did not even pay a single paise to the respondent as maintenance. The maintenance case was ordered from the date of petition namely, from 13.03.2015. The petitioner is in arrears of huge amount of maintenance. Therefore, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD) No.385 of 2022 this Court finds no infirmity or illegality in the order passed by the Court below.

5. This Criminal Revision Case is dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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 Presiding Officer,Family Court, Tiruchirappalli.

+1 CC to M/s.I. ANGUSAMY, Advocate ( SR-20601[F] dated 22/04/2022 ) Crl.R.C(MD) No.385 of 2022 and Crl.M.P(MD) No.5005 of 2022 22.04.2022 RD(26.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2