Madras High CourtCRL RC(MD)/297/2013dismissed

Husbar v. Regina Meri

2019-06-20Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C.(MD)No.297 of 2013 Husbar ... Petitioner/Respondent Vs.

1.Regina Meri 2.Minor Alex Antony 3.Minor Kulandai Raj ... Respondents/Petitioners (2nd and 3rd respondents are rep by through their mother and guardian the first respondent) Prayer: Criminal Revision Case is filed under Section 397 r/w. 401 of Cr.P.C, to call for the records and set aside the order passed on 10.01.2013 made in M.C.No.39 of 2012 on the file of the learned Chief Judicial Magistrate, Dindigul by allowing this revision. For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.A.V.Suresh Kumar

O R D E R

The first respondent is the legally wedded wife of the petitioner herein. The second and third respondents are his sons. The wife/first respondent filed M.C.No.39 of 2012 on the file learned Chief Judicial Magistrate, Dindigul and obtained the order of maintenance. The same is under challenge in this criminal revision case.

2.It is seen that the children were aged about 14 and 11 years respectively at the time of filing of the Maintenance Petition. Now they must have attained majority. Therefore, the petitioner is not liable to pay maintenance. The Court below had awarded only Rs.1,000/- as monthly maintenance to be paid to the first respondent/wife. The said amount cannot be said to be excessive by any stretch of imagination. Therefore, the order passed by the Court below does not warrant any interference. This criminal revision case is dismissed on these terms. Sd/- Assistant Registrar (crl. side) // True Copy // https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS )

To The Chief Judicial Magistrate, Dindigul Copy to:

The Section Officer, Criminal Section,(2 Copies), Madurai Bench of Madras High court, Madurai +1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-70235[F] dated 20/06/2019 ) Crl.R.C.(MD)No.297 of 2013 20.06.2019 ias MK (24.07.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/