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Madras High CourtCRL RC(MD)/708/2025disposed of

M.Raj Kumar v. S. Uma Maheswari

2025-07-17Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.7730 of 2025 M.Rajkumar ... Petitioner Vs.

1.S.Uma Maheswari 2.Minor.R.V.Nishagan ... Respondents (R2 represented by the natural guardian R1) PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the order passed by the learned Family Court, Madurai in M.C.No.80 of 2021 dated 14.09.2022 and set aside the same.

For Petitioner : Mr.J.Peer Mohammed For R1 : Mr.V.Sakthivel 1/5

ORDER

Challenging the order passed by the Learner Family Court, Madurai in M.C.No.80 of 2021, dated 14.09.2022, this criminal revision case has been filed.

2. The learned Family Court had passed an order of maintenance directing the petitioner herein to pay an amount of Rs.7,500/- to the 1st respondent and Rs.7,500/- to the 2nd respondent, totalling an amount of Rs.15,000/- as monthly maintenance. Challenging the same, this criminal revision case has been filed.

3. The learned counsel for the petitioner submitted that the petitioner is employed as a Grade II Police Constable in Tamil Nadu Special Police VI Battalion, Madurai and currently he is posted in Chennai and he is drawing only an amount of Rs.26,781/- as monthly salary, and he has to maintain his parents who are senior citizens and also he is taking care of the child of his brother who has passed away and he is under financial constraints and hence, the impugned order necessarily 2/5

should be interfered and the quantum of maintenance should be reduced.

4. The learned counsel for the respondent categorically contended that the petitioner is drawing a salary of more than Rs.50,000/- and he is eligible to pay the maintenance amount whatever has been awarded by the learned Family Court and an amount of Rs.15,000/- to maintain two persons is a paltry sum and it would not be sufficient for the respondents to maintain themselves and pressed for dismissal of the revision case.

5. This Court required the petitioner to produce his salary slip in the earlier hearing, for which today the learned counsel for the petitioner had produced the payslip for the month of May 2024 and it is revealed that the gross amount of salary which he received as on 31.05.2024 was Rs.40,415/- and the net pay credited was Rs.35,144/-. The learned Family Court had observed that the petitioner is drawing a salary of Rs. 50,000/- and had come to a conclusion that the petitioner husband should pay an amount of Rs.15,000/- per month.

6. Heard the learned counsel for the petitioner and the learned counsel for the respondent and carefully perused the materials available 3/5

on record.

7. Taking into consideration the above circumstances, this Court modifying the impugned order to the extent that the petitioner husband is directed to pay an amount of Rs.6,500/- to the 1st respondent wife and Rs. 6,500/- to the 2nd respondent child, totalling an amount of Rs.13,000/- as monthly maintenance. However, it is made clear that the petitioner is bound to pay the school fee of the 2nd respondent every month.

8. Accordingly, this Criminal Revision Case is disposed of. Consequently, connected Miscellaneous Petition is closed. 17.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg To The Family Court, Madurai.

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 17.07.2025 5/5