Madras High Court
Manivannan vs Lakshmi on 22 January, 2021
Crl.R.C.No.1343 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.01.2021
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.R.C.No.1343 of 2019
in
Crl.M.P.No.18051 of 2019
Manivannan
S/o.Jayaraman ... Petitioner
Vs.
Lakshmi
W/o.Manivannan ... Respondent
PRAYER: Criminal Revision case has been filed under Sections 397 r/w. 401
of Cr.P.C. to call for the records relating to the judgment passed by learned
Family Court Judge, Cuddalore, in M.C.No.64 of 2018 dated 13.08.2019 and
set aside the same.
For Petitioner : Mr.J.Joicy
for Mr.C.Prasanna Venkatesh
For Respondent : No Appearance
*****
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Crl.R.C.No.1343 of 2019
ORDER
The petitioner is the husband and the respondent is the wife. The
respondent filed a maintenance case in M.C.No.64 of 2018 on the file of the
Family Court, Coimbatore, under Section 125 Cr.P.C. The learned Judge,
Family Court, Coimbatore, after enquiry allowed the petition partly and
directed the petitioner to pay a sum of Rs.10,000/- as monthly maintenance.
Challenging the said order, the petitioner has filed the present revision before
this Court.
2. Learned counsel for the petitioner would submit that the respondent is
a earning member and despite sufficient means to maintain herself, she filed the
petition under Section 125 Cr.P.C. for maintenance. The Judge, Family Court,
Vellore, considered the fact that the petitioner is an earning member. The
respondent has filed a petition for maintenance against the petitioner only to
protract the proceedings. Therefore, the order passed by the trial Court is liable
to be set aside.
3. No representation for the respondent.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1343 of 2019
4. The marriage between the petitioner and the respondent was
solemnized on 06.06.2016. Thereafter, due to some misunderstanding arose
between them, they are living separately. Therefore, the petitioner has a case
before this Court for maintenance in M.C.No.64 of 2018. The Family Court,
Vellore, ordered a sum of Rs.10,000/- based on Ex.P.5- Salary certificate of the
petitioner, which shows that the petitioner was earning a sum of Rs.34,195/-
Based on the salary certificate marked, the learned Judge arrived at a
conclusion that the petitioner can pay a sum of Rs.10,000/- to the respondent as
monthly maintenance. Though, the learned counsel for the petitioner would
submit that the respondent is a earning member, there is no oral or documentary
evidence produced to show that the respondent is a earning member. Despite
sufficient means to maintain herself, she has filed a petition for maintenance.
Under these circumstances, this Court finds that absolutely there is no evidence
to show that the respondent has sufficient means to maintain herself, on the
other hand the respondent has established that the petitioner is earning a sum of
Rs.34,195/- per month as per the salary certificate.
5. Considering the income of the petitioner and the cost of living as on
date, the order of Rs.10,000/- as monthly maintenance is very reasonable and
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1343 of 2019
therefore, under these circumstances, this Court finds no perversity in the order
passed by the Family Court.
6. Accordingly, the Criminal Revision petition is liable to dismissed.
Consequently, connected miscellaneous petition is closed.
22.01.2021
bri
Index: Yes/No
Internet: Yes/No
To
The Judge,
Family Court,
Cuddalore.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1343 of 2019
P.VELMURUGAN, J.
bri
Crl.R.C.No.1343 of 2019
in Crl.M.P.No.18051 of 2019
22.01.2021
https://www.mhc.tn.gov.in/judis/
