N.Pillappan v. M.Radha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2025

CORAM:

THE HONOURABLE MR.JUSTICE SHAMIM AHMED Crl.R.C.(MD) No.1354 of 2025 and Crl.M.P.(MD) No.14976 of 2025 N.Pillappan S/o.Narayanan, No.20/170, 2nd Main Road, West Balaji Nagar, Ambattur, Chennai-600 053.

...Petitioner

Vs M.Radha W/o.N.Pillappan, D/o.Muthuraman, No.1/82, Middle Street, Vembanur Village, Manapparai Taluk, Trichy District-622 102.

...Respondents

Prayer:- Criminal Revision Case is filed under Section 438 r/w 442 of BNSS Act, to call for the records of the order dated 21.08.2025 in M.C.No. 14 of 2021 on the file of the Judicial Magistrate Court at Manapparai in Trichy District.

For Petitioner : Mr.K.Bharathi 1/7

ORDER

This Criminal Revision Petition is directed against the impugned judgement, dated 21.08.2025 passed in M.C.No.14 of 2021 on the file of the Judicial Magistrate Court, Manapparai, by which, the respondent/wife was awarded Rs.8,000/- per month towards maintenance. 2.Heard Mr.K.Bharathi, learned counsel for the petitioner. 3.Mr.K.Bharathi, learned counsel appearing through video conferencing from Chennai for the petitioner submits that the petitioner and the respondent are husband and wife. The marriage between the petitioner and the respondent was solemnized on 03.11.2019. Due to difference of opinion, they are living separately and the respondent has filed a petition in M.C.No.14 of 2021 under Section 125 of Cr.P.C before the Judicial Magistrate Court, Manapparai, seeking maintenance and the learned Judicial Magistrate, Manapparai, vide judgment, dated 21.08.2025 awarded a sum of Rs.8,000/- per month as maintenance to the respondent. 2/7

4.The learned Counsel for the petitioner further submits that the petitioner is receiving only a meager salary of approximately Rs.20,000/- per month after statutory deductions and is, therefore, unable to pay a sum of Rs.8,000/- per month towards maintenance to the respondent. He further submits that the learned Judicial Magistrate, Manapparai, failed to consider that the respondent is residing separately from the petitioner without any just or reasonable cause, and as such, she is not entitled to claim maintenance from the petitioner. It is also submitted that the petitioner is willing to resume cohabitation.

However, the learned Judicial Magistrate, Manapparai, after recording the statements of the contesting parties, without properly appreciating the facts and evidence available on record, allowed the application filed by the respondent and awarded a sum of Rs. 8,000/- per month as maintenance to the respondent. Moreover, the petitioner is working as a Salesman, with a meager income, which is insufficient to support his family and maintain his elderly parents. Thus, he prays this Court to set aside the impugned judgment dated 21.08.

passed by the learned Judicial Magistrate, Manapparai, in M.C.No.14 of 2021.

5.I have considered the submission of the learned counsel for the petitioner and also perused the record.

6.The learned counsel for the petitioner has not been able to point out any such illegality or impropriety or incorrectness in the impugned order, which may persuade this Court to interfere in the same. The amount fixed for maintenance was Rs.8,000/- per month to the respondent, which, in the present days of rising prices and high cost of living, cannot be considered excessive or disproportionate. The provisions of Section 125 of Cr.P.C are beneficial provisions, which are enacted to stop the vagrancy of a destitute wife and provide some succour to them, who are entitled to get the maintenance which cannot be denied. The fact that the petitioner is the husband of the respondent, has not been denied. 4/7

7.In such circumstances to meet the ends of justice, the impugned order does not require any interference. There is no illegality, impropriety and incorrectness in the impugned order and also there seems to be no abuse of Court's process.

8.In view of the above, the Criminal Revision Petition lacks merit and stands dismissed. The learned Judicial Magistrate, Manapparai, is directed to recover the entire arrear amount from the petitioner along with 6% interest in accordance with law and shall pay the same to the respondent forthwith. Consequently, connected Miscellaneous Petition stands closed. Index:Yes/No 23.10.2025 Web:Yes/No Speaking/Non Speaking mm 5/7

To:

The Judicial Magistrate, Manapparai.

6/7

SHAMIM AHMED , J.

mm 23.10.2025 7/7