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Madras High CourtCRL RC(MD)/1404/2025dismissed

C.R.Ramesh Babu v. Usha

2025-11-06Honourable Mr.Justice Shamim Ahmed6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED and Crl.M.P.(MD) No.16362 of 2025 C.R.Ramesh Babu S/o. C.K. Rajam 35A/1 Khanpalayam Cross Street Kamarajar Salai Madurai-9.

... Petitioner vs.

Usha W/o. C.R. Ramesh Babu D/o. Thulasiramaiyer Door No. 4A Meena Noordheen Pallivasal lane South Veli Street Madurai-625001.

... Respondent PRAYER: Criminal Revision Petition is filed under Section 483 r/w 442 of BNSS, 2023, to allow the Revision Petition setting aside the order dated 10.09.2025 made in Crl.M.P. No. 100 of 2024 in M.C No. 154 of 2023 on the file of the Family Court, Madurai. 1/6

For Petitioner :Mr.R.G.Shankar Ganesh

O R D E R

Heard Mr.R.G.Shankar Ganesh, learned counsel for the Petitioner. 2.This Criminal Revision Case is filed filed by the petitioner against the impugned order dated 10.09.2025 made in Cr.M.P.No.100 of 2024 in M.C.No.154 of 2023 on the file of the Family Court, Madurai, by which, the respondent was awarded a sum of Rs.8,000/-per month, as interim maintenance.

3.The petitioner and the respondent are husband and wife and their marriage was solemnized on 05.11.1995. Due to matrimonial dispute arose between them, they are living separately and the respondent has filed a petition in M.C.No.154 of 2023 under Section 125 of Cr.P.C., before the Family Court, Madurai, seeking maintenance. During the pendency of M.C.No.154 of 2023, the respondent has filed a petition in Cr.M.P.No.100 of 2024 in M.C.No.154 of 2023 seeking interim maintenance. The learned Judge, Family Court, Madurai, after hearing 2/6

both the parties, vide impugned order dated 10.09.2025 in Crl.M.P.No. 100 of 2024 in M.C.No.154 of 2023 had awarded a sum of Rs.8,000/- to the respondent as interim maintenance. Aggrieved against the same, the petitioner/husband has filed the present Criminal Revision Case. 4.Mr.R.G.Shankar Ganesh, learned counsel for the Petitioner submits that the Petitioner is receiving only a meager salary and is, therefore, unable to pay a sum of Rs.8,000/- per month towards interim maintenance to the Respondent. He further submits that the Court below 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 Court below, without properly appreciating the facts and evidence on record, has awarded interim maintenance of Rs.8,000/- per month to the Respondent.

5.I have considered the submissions of the learned counsel for the Petitioner and also perused the record.

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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 interim maintenance was Rs.8,000/- for the Respondent, which, in the present days of high price rise and cost of living cannot be said to be either 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 Respondent has not been denied. Therefore the Court below, has rightly taken into consideration the counter statement filed by the petitioner/husband and awarded interim maintenance, in which this Court does not find any illegality or infirmity. 7.In such circumstances to meet the ends of justice, the impugned order does not require any interference. There is no illegality, impropriety 4/6

and incorrectness in the impugned order and also there seems to be no abuse of court's process.

8.Accordingly, this Criminal Revision Case is dismissed. The file is consigned to record. There is no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Index :Yes / No 06.11.2025 Internet :Yes / No NCC :Yes / No mm To The Judge, Family Court, Madurai.

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SHAMIM AHMED, J.

mm 06.11.2025 6/6