Madras High CourtCRP(MD)/1838/2024dismissed

K.N.Vanchinathan v. T.Arthi Sheela

2024-10-15Honourable Mr Justice G.R.Swaminathan4 pages

1 C.R.P.(MD)No.1838 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD).No.1838 of 2024 and C.M.P.(MD)No.10332 of 2024 K.N.Vanchinathan ... Revision Petitioner / Appellant / Respondent Vs.

T.Arthi Sheela ... Respondent /Respondent/ Petitioner PRAYER : Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records pertaining to the impugned judgment in C.A.No.79 of 2021 on the file of the Principal Sessions Court, Theni dated 30.08.2022 and to set aside the same and allow this civil revision petition.

For Petitioner : Mr.M.R.Sreenivasan For Respondent : Mr.A.Karthik ***

2 C.R.P.(MD)No.1838 of 2024

O R D E R

Heard both sides.

2. The respondent herein filed D.V.No.7 of 2017 on the file of the Judicial Magistrate, Uthamapalayam. The trial Magistrate directed the petitioner to pay a sum of Rs.1 Lakh towards compensation and a sum of Rs.6,000/- towards maintenance. Questioning the same, the petitioner filed C.A.No.79 of 2021 before the Principal Sessions Court, Theni. The appeal was dismissed. Challenging the same, this civil revision petition came to be filed.

3. The learned counsel appearing for the petitioner submitted that the respondent herein and her two daughters born through the petitioner had earlier filed a maintenance case and the trial Court had directed the petitioner to pay a sum of Rs.12,000/- in all. It appears that one of the daughters has since been married. Therefore, the petitioner's liability would obviously be reduced to Rs.8,000/- per month.

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4. In this view of the matter, I am of the view that interference with the impugned order is not warranted. When both the Courts have concurrently rendered a finding that the petitioner should pay a sum of Rs.6,000/- per month towards maintenance, the question of interfering with such an order does not arise at all. There is no perversity found. This civil revision petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

15.10.2024 Index : yes/No Internet:Yes/No PMU To The Principal Sessions Judge, Theni.

4 C.R.P.(MD)No.1838 of 2024 G.R.SWAMINATHAN,J.

PMU C.R.P.(MD)No.1838 of 2024 15.10.2024