A.Vellusamy vs A.Lokanayagi @ Easwari
2021 Latest Caselaw 17778 Mad

                                                       Crl.R.C.No.465 of 2017

        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED : 31.08.2021

                                CORAM

          THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                       Crl.R.C.No.465 of 2017
                                And
                      Crl.M.P.No.4149 of 2017

A.Vellusamy                                      ... Petitioner

                                   Vs.

1.A.Lokanayagi @ Easwari
2.Sasikumar (Minor)
  Rep. by natural guardian
  A.Lokanayagi @ Easwari                         ... Respondents


Prayer:
      Petition filed under Sections 397 and 401 of Criminal Procedure
Code, seeking to set aside the judgment dated 08.02.2017 made in
M.C.No.11 of 2014 on the file of the learned Judicial Magistrate,
Bhavani by allowing this criminal revision petition.


            For Petitioner  : Mr.V.P.K.Gowtham
            For Respondents : Mr.V.S.Kesavan


                                ORDER

The petitioner has filed this petition seeking to set aside the

order dated 08.02.2017 passed in M.C.No.11 of 2014 by the learned

Judicial Magistrate, Bhavani.

Crl.R.C.No.465 of 2017

2.The facts of the case is that the marriage between the

petitioner and the first respondent was solemnized on 20.01.2008 at

Bhavani as per Hindu Rites and Customs. Out of the wedlock, two

male children were born and the elder son is under the custody of the

petitioner and the younger son is under the custody of the first

respondent. Thereafter, there was matrimonial dispute inbetween

them and the respondents filed M.C.No.11 of 2014 before the learned

Judicial Magistrate, Bhavani seeking maintenance of Rs.5,000/- each.

The first respondent examined herself as P.W.1 and marked Ex.P.1 to

5. The petitioner neither examined any witness nor marked any

document. After adjudication, the said petition was allowed and a sum

of Rs.5,000/- each per month was awarded towards maintenance in

favour of the respondents. Challenging the same, the petitioner has

filed this revision.

3.The learned counsel appearing for the petitioner submitted

that the petitioner is an agricultural coolie and is earning only a

meagre amount and hence, the quantum of maintenance awarded in

favour of the respondents may be reduced.

Crl.R.C.No.465 of 2017

4.Heard the submissions made by the learned counsel appearing

for the respondents.

5.The facts in the case is not disputed. The relationship between

the petitioner and the respondents is not disputed. The petitioner has

filed this revision only for reduction in the quantum of maintenance

awarded in favour of the respondents and raised usual grounds without

any proof with regard to his income. Considering the present cost of

living and the fact that the first respondent has to develop the second

respondent by giving proper education and since there are also other

expenditures, the amount awarded as maintenance by the lower Court

is just and reasonable and this court is not inclined to interfere with

the order dated 08.02.2017 passed in M.C.No.11 of 2014 by the

learned Judicial Magistrate, Bhavani.

6.This revision is accordingly dismissed. Consequently, the

connected miscellaneous petition is closed.

31.08.2021 pri

Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

Crl.R.C.No.465 of 2017

M.DHANDAPANI,J.

pri

To

1.The Judicial Magistrate, Bhavani.

Crl.R.C.No.465 of 2017 And Crl.M.P.No.4149 of 2017

31.08.2021