Thangavel v. Pooma

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Thangavel ... Petitioner /Respondent / Respondent Vs.

1.Pooma ... Respondent / Petitioner / Petitioner 2.The Superintendent Engineer, Madurai Electricity Distribution and Tamil Nadu Power Distribution Corporation Limited (TNPDCL), K.Pudur, Madurai.

3.The Chief Internal Audit Officer, Board Office / Audit Branch, TNPDCL, NPKRR Maaligai, Annasalail, Chennai-600 002.

... Respondents (Respondents 2 and 3 are suo-motu impleaded vide Court order dated 03.07.2025 made in CRL RC(MD)No. 1357 of 2023) PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 1/5

of BNSS, to call for the records relating the enhancement order dated 01.11.2023 passed by the learned Additional Chief Judicial Magistrate, Madurai, in Cr.M.P.No.476 of 2023 in M.C.No.6 of 1996 and set aside the same.

For Petitioner : Mr.S.Sukumar For R-1 : Mr.Vinoth For Mr.M.Saravanan For R-2 : Mr.S.Deenadhayalan

ORDER

Challenging the order passed by the learned Additional Chief Judicial Magistrate, Madurai, in Cr.M.P.No.476 of 2023 in M.C.No.6 of 1996, enhancing the maintenance to be paid by the petitioner to the respondent to Rs.3,000/- to Rs.15,000/- by an order dated 01.11.2023, this criminal revision petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner had earlier served as a Foreman in the Electricity Board and is now retired and he is receiving a pension of Rs.37,000/- (Rupees Thirty Seven Thousand only) per month. He is ailing from several medical complications and he is a senior citizen aged about 70 years. In view of the same, the total amount of pension which he receives, is not 2/5

sufficient to meet his needs even for medical expenditure and hence, the maintenance enhanced should necessarily be reduced.

3. The learned counsel for the respondent submitted that the respondent is also a senior citizen who is also suffering from several medical implications and hence the maintenance amount of Rs.15,000/- (Rupees Fifteen Thousand only) is a paltry sum with which she cannot meet out her day-to-day expenses.

4. Heard the learned counsels on either sides and carefully perused the materials available on record.

5. It is needless to state that Rs.15,000/- (Rupees Fifteen Thousand only) is obviously a paltry sum with which any woman cannot lead her life in the present cost of living. Accordingly, I am not inclined to interfere with the impugned order passed by the learned Trial Court.

6. The Superintendent Engineer, Madurai Electricity Distribution and Tamil Nadu Power Distribution Corporation Limited (TNPDCL), 3/5

K.Pudur, Madurai, and The Chief Internal Audit Officer, Board Office / Audit Branch, TNPDCL, NPKRR Maaligai, Annasalai, Chennai-600 002, are suo-motu impleaded as the respondents 2 and 3. Registry is directed to carry out the necessary amendments in the cause title.

7. It is made clear that the payment of maintenance by the petitioner to the respondent would be directly deducted from the petitioner's pension account [ Pension payment order No.83004, Account No.035801000033511, Indian Overseas Bank, Virudhunagar Branch] and the respondents 2 and 3 will directly credit monthly maintenance every month into the account of the 1st respondent, which is detailed below: T.Booma, Canara Bank, Thiruvedagam Branch, Account No.8629108102707, IFSC code: CNRB0008629.

8. Accordingly, this Criminal Revision Petition is dismissed. No costs.

03.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To The Additional Chief Judicial Magistrate, Madurai.

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L.VICTORIA GOWRI, J., Sml 03.07.2025 5/5