Saranya Devi v. K.Ravisankar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 02/12/2022

CORAM

The Hon'ble Mr.Justice G.ILANGOVAN Crl.RC(MD)No.408 of 2022 1.Saranya Devi 2.Minor Kanishka 3.Minor Dhiya (Petitioners 2 an 3 being minors rep. By natural guardian and mother 1st petitioner) : Petitioners/Petitioners Vs.

K.Ravisankar : Respondent/Respondent Prayer:- This Criminal Revision has been filed under section 397 r/w 401 of the Criminal Procedure Code to call for the records and to set aside the order passed in MC No.29 of 2020, dated 28/12/2021 by the Family Court, Sivagangai and to enhance the amount of compensation in respect of two minor children/petitioners 2 and 3 herein.

For Petitioners : Mr.B.Santhanam Rajesh Kumar For Respondent : Mr.J.Jeyakumaran

O R D E R

This Criminal Revision has been filed seeking to set aside the order passed in MC No.29 of 2020, dated 28/12/2021 by the Family Court, Sivagangai and enhance the amount of compensation in respect of two minor children/petitioners 2 and 3 herein.

2.The facts in brief:- On 01/11/2009, the marriage between the respondent and the 1st revision petitioner herein took place, on 01/11/2009 in Sivagangai as per their customary rites. After the marriage, they were residing in Chennai. A female child was born, on 07/08/2010. After that, another child was also born. The wife got seat in M.Phil Degree in Sivagangai Mannar Durai Singam College. With the consent of the husband, the wife was staying in parental home and completed M.Phil Degree course. The entire educational expenses were borne by the husband. Apart from that, he is also paying Rs.25,000/- for her expenses. Later, the wife joined in Karaikudi Alagappa University and undergoing Doctorate Degree. At that time, the husband was addicted to liquor and started misbehaving and ill-treating her. He is working as Team

Manager in a Company in Chennai and getting Rs.1,50,000/- per money as salary. He is also having two houses worth about one Crore and he is also having several other properties. Seeking maintenance of Rs.20,000/- each for two children, the above said petition has been filed. 3.That was resisted by the husband stating that he is looking after the educational expenses of the wife and her child and he is also regularly sending money towards expenses. Since he is working in Chennai, his monthly personal expenses also comes to around Rs.30,000/- and the parents of the husband also visited the children. 4.At the conclusion of the enquiry, the trial court directed the husband to pay a sum of Rs.3,550/- each to the children. Apart from that, the husband must also bear the school expenses and that must be directed to pay to the school.

5.Now challenging the above said quantum, this petition has been filed by the children through their mother. Finding that it is an issue between the father of children with regard to the maintenance, the matter was

referred to the mediation. Since the respondent/husband alone is to maintain them, he is ready to maintain the children and regularly paying the money also. Because of some sort allegation of illegal intimacy, now there is no possibility of reunion between himself and the first petitioner/wife. He has also given an undertaking to pay the maintenance of Rs.20,000/- to the children's maintenance. To settle the issue only, the matter was referred to the mediation, but some sort of misunderstanding has been projected during the course of mediation. At one point of time, the husband agreed to pay Rs.20,000/- to the children for maintenance. But later changed his mind and stated that the above said amount of Rs.20,000/- must also include the maintenance amount to the wife. But that was not accepted.

So the matter was directed to return back to the court and during the course of argument the learned counsel appearing for the respondent has submitted that there is some sort of misconception in the mind of the respondent over the above said maintenance amount to the children. Now he is also ready to give Rs.20,000/- as maintenance to the children.

6.So in view of the above said, this court is of the considered view that Rs.20,000/- is fixed towards monthly maintenance to both children, apart from the school expenses as already ordered by the trial court. 7.In the result, this criminal revision is partly allowed. The respondent/husband is directed to pay a sum of Rs.20,000/- as enhanced maintenance to the petitioners 2 and 3 jointly from the date of filing of this revision. 02/12/2022 Index:Yes/No Internet:Yes/No er To, The Family Court, Sivagangai.

G.ILANGOVAN,J er

Crl.RC(MD)No.408 of 2022 02/12/2022