Madras High CourtCRL RC(MD)/800/2021dismissed

Soundrapandiyammal v. S.Lakshmanan

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

Crl.R.C(MD)No.800 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.800 of 2021 Soundrapandiyammal ... Petitioner/Petitioner Vs.

S.Lakshmanan ... Respondent/Respondent Prayer: This Criminal Revision case filed under Section 397, r/w.401 of Cr.P.C. to call for the records relating for the order passed by Family Court, Theni in M.C No.23 of 2020 dated 12.10.2020 and set aside the same and grant enhanced monthly maintenance and to pay arrears of monthly maintenance.

For Petitioner : Mr.A.Sowmiya For Respondent : Mr.K.C.Ramalingam

ORDER

This Criminal Revision case has been filed as against the order passed by the Family Court, Theni, in M.C No.23 of 2020 dated 12.10.2020 and to grant enhanced monthly maintenance and to pay arrears of monthly maintenance.

2.The petitioner is the wife and the respondent is the husband. They got married and thereafter due to misunderstandings between them, they are living separately. Therefore, the petitioner filed a petition for maintenance.

3.The respondent is working as a driver in Tamil Nadu State Transport Corporation and after considering the evidence, the Court below ordered a sum of Rs.15,000/- as monthly maintenance, payable by the respondent to the petitioner herein. Now the respondent is about to retire from service and as the petitioner is having an eye over the terminal benefits and filed this petition for enhancement of monthly maintenance. A sum of Rs.15,000/- per month, as monthly maintenance itself is higher, since the respondent is getting a salary only Rs.40,000/- per month. However, the respondent did not challenge the maintenance.

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Crl.R.C(MD)No.800 of 2021 4.In view of the above, this Court finds no infirmity or illegality in the Order passed by the Court below and this Criminal Revision case is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Judge, Family Court, Theni.

+1 CC to M/s.K.C.RAMALINGAM, Advocate ( SR-10093[F] dated 04/03/2022 ) Crl.R.C(MD)No.800 of 2021 03.03.2022 RD(17.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2