P.Duraijegan v. Saranya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in Crl.M.P.(MD)No.8489 of 2025 P.Duraijegan ... Petitioner -vs1.Saranya 2.Minor Sainithran Represented through his mother and natural guardian, Saranya ... Respondents PRAYER : Criminal Revision Case is filed under Section 438 r/w. 442 of BNSS, 2023, to call for the records and set aside the order dated 13.03.2025 made in M.C.No.81 of 2024 on the file of the learned Family Court, Karur.

For Petitioner : Ms.M.Maria Vinola For Respondents : Mr.T.Pradeep For M/s.B.Saravanan Associates

ORDER

Challenging the order passed by the learned Judge, Family Court, Dindigul, in Crl.M.P.No.557 of 2023 in M.C.No.7 of 2010, dated 18.01.2024, this Criminal Revision Case has been filed.

2.The petitioner herein is the respondent before the maintenance case and the husband of the first respondent herein. The respondents herein have filed a petition under Section 144 of BNSS, seeking Rs. 20,000/- each maintenance from the petitioner herein. The petitioner is employed as Office Assistant in Chartered Accountant Office, at Trichy and he is drawing a salary of Rs.30,000/-. The second respondent is the minor son of the petitioner and the first respondent. The learned Trial Court examined the first respondent as P.W.1 and had marked Ex.P1 to Ex.P7. The petitioner herein was examined as D.W.1 and no document was marked. On the basis of the documents marked and arguments putforth by respective parties, the learned Trial Court has proceeded to pass an order of maintenance, directing the petitioner herein to pay a sum of Rs. 8,000/- to the first respondent and Rs.2,000/- to the second respondent, totally Rs.10,000/- every month as maintenance. Challenging the same, this Criminal Revision Case is filed.

3.The learned counsel appearing for the petitioner categorically submitted that the petitioner is duty bound to take care of his parents, who are senior citizens, more particularly, his father who is an ailing cancer patient. An amount of Rs.30,000/-, which he is drawing every month is insufficient to maintain his parents and himself. While so, the order of maintenance of Rs.10,000/- would subject him to penury and

sought for modification of the same.

4.In view of the above, considering the present cost of living an amount of Rs.10,000/- is only a paltry amount with which, the respondents cannot maintain themselves. I do not find any merit to interefere in the impugned order passed by the learned Trial Court. 7.Accordingly, the Criminal Revision Case fails and the same is dismissed. No Costs. Consequently, connected miscellaneous petition is closed.

05.08.2025 NCC :Yes/No Index :Yes/No Internet : Yes Mrn To 1.The Judge, Family Court, Karur.

L.VICTORIA GOWRI , J.

Mrn 05.08.2025