Madras High CourtCRL RC(MD)/321/2016dismissed

S. Gurumoorthy v. Minor. Ramaya

2016-06-06Honourable Dr. Justice P. Devadass2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2016

CORAM:

THE HONOURABLE DR.JUSTICE P.DEVADASS C.R.L.RC(MD) No.321 of 2016 and Crl.M.P.(MD) No.4209 of 2016 S.Gurumoorthy ... Revision Petitioner/Respondent -vs1.Minor Ramya 2.Minor Prashanth ... Respondents/Petitioners PRAYER:Criminal Revision Petition is filed, under Section 397(1) Cr.P.C., to call for the records and set aside the order dated 03.02.2016 passed in M.C.No.67 of 2015 on the file of the Family Court, Trichy.

For Petitioner :

Mrs.S.Srimathy

O R D E R

A father wants to give less to his children. That is the scope of this revision petition.

2.The father of the respondents (revision petitioner) is employed in Southern Railways. The children's mother is also employed as a staff nurse. The children are with her. There is fight between the spouses but not with the children. The children have sought for monthly maintenance at Rs.10,000/- each. However, the trial Court had awarded them Rs.4,000/- each. 3.Legally their father is bound to maintain them. But, if the other spouse is employed the obligation to take care of the children is mutual. She cannot simply dump the children on the head of their father.

4.Now, in this case, the children are studying in some schools. One is studying in the Railway School. After deductions, the children's father is getting more than Rs.23,000/- p.m. As their mother is earning more than their father and the petitioner has to take care of his parents; he prays to reduce the quantum of maintenance.

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5.Nowadays, Rs.4,000/- p.m. will be hand to mouth. The school going children will very often ask snacks etc. Mother has to feed them and also heed their requests. As we have stated their mother is a nurse. Considering the social status of their parents the children need to have a decent standard of living. In the circumstances, there is no occasion here to tinker the quantum of maintenance granted by the trial Court.

6. In view of the above, this Criminal Revision fails and it is dismissed. Consequently, connected Miscellaneous Petition is also dismissed.

Sd/ Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To:

The Judge, Family Court, Trichy.

+1cc to Mr.S.M.S.Johnny Basha, Advocate in SR.No.28057 SDR/NGM-MP/13.06.2016/2P/3C C.R.L.RC(MD) No.321 of 2016 and Crl.M.P.(MD) No.4209 of 2016 06.06.2016 https://hcservices.ecourts.gov.in/hcservices/