Madras High CourtCRL RC(MD)/485/2021dismissed

G.Velayudham v. V.Jegajothi Lakshmi

2022-03-03Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.R.C.(MD)No.485 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.485 of 2021 and Crl.M.P.(MD)No.5236 of 2021 G.Velayutham ... Petitioner/Respondent Vs.

1.V.Jegajothi Lakshmi 2.Minor Subbulakshmi ... Respondents/Petitioners (Minor 2nd respondent represented through her mother and natural guardian V.Jegajothi Lakshmi) Prayer: This Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C., to call for the records and to set aside the order passed in M.C.No.64 of 2017 dated 27.11.2020 on the file of the Family Court, Tirunleveli.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.S.A.Ganapathy Raman

O R D E R

This criminal revision case has been filed challenging the order passed in M.C.No.64 of 2017 by the Family Court, Tirunelveli, thereby challenging order of maintenance of Rs.5000/- each to the respondents and Rs.2000/- to the second respondent towards medical and educational expenses.

2.The petitioner is the husband while the first respondent is the wife. They got married on 04.09.2008 and out of the wedlock, they were blessed with the second respondent on 05.04.2011. Their matrimonial relationship came under strain due to some misunderstanding. The petitioner filed H.M.O.P.No.285 of 2013 before the Sub Court, Tambaram for restitution of conjugal rights and the same was dismissed. Hence, he filed a petition for divorce and the same was also dismissed. Challenging the same, the petitioner filed an appeal and the same is pending. In the meanwhile, the respondents filed a petition for maintenance in M.C.No.64 of 2017 before the Family Court, Tirunelveli. 3.On a perusal of the records revealed that the petitioner was working as software engineer in RL Technologies Private Limited, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.485 of 2021 Kodambakkam, Chennai and was earning a sum of Rs.80,000/- per month. The salary certificate of the petitioner was marked as Ex.P6. Though the learned counsel for the petitioner submitted that now the petitioner is without job, it cannot be believed because the petitioner is a software engineer, he used to quit one company and join another company for higher wages. Therefore, this Court felt that the maintenance awarded by the Family Court, Tirunelveli in M.C.No.64 of 2017 is very meager and it does warrant any interference. Therefore, the criminal revision case stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (LA&MC) // True Copy // / /2022 Sub Assistant Registrar(CS) ias To:

The Judge, Family Court, Tirunelveli.

+1 CC to M/s.H.ARUMUGAM, Advocate ( SR-9978[F] dated 04/03/2022 ) +1 CC to M/s.S.A.GANAPATHYRAMAN, Advocate ( SR-10257[F] dated 07/03/2022 ) Crl.R.C.(MD)No.485 of 2021 03.03.2022 KG(CO) KB(18.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2