Madras High Court
S.Prabhakaran vs S.Shanmugapriya on 25 January, 2021
Crl.R.C.No.41 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.01.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.41 of 2021
and
Crl.M.P.No.541 of 2021
S.Prabhakaran
S/o.Sukumaran ... Petitioner
Vs
S.Shanmugapriya
D/o.Sivaraj ... Respondent
PRAYER: Criminal Revision case filed under Article 397 r/w 401 of
Criminal Procedure Code to set aside judgment and decree dated
21.11.2020 made in M.C.No.14 of 2016 on the file of the Additional
Principal Family Judge at Coimbatore.
For Petitioner : No appearance
For Respondent : No appearance
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.41 of 2021
ORDER
This Criminal Revision case has been filed under Section 397 r/w 401
of Cr.P.C. to set aside judgment and decree dated 21.11.2020 made in
M.C.No.14 of 2016 on the file of the Additional Principal Family Judge at
Coimbatore.
2. No representation for the petitioner and the respondent.
3.The respondent/wife has filed a petition in H.M.O.P.No. 66 of 2016
for divorce on the ground of cruelty and the petitioner/husband has filed a
petition in H.M.O.P.No.1520 of 2015 for restitution of conjugal rights.
During the pendency of the above said petitions, the respondent/wife has
filed a case in M.C.No.14 of 2016 for interim maintenance under Section
125 of Cr.P.C. The Family Court after conducting the enquiry, allowed the
petition filed by the respondent/wife and granted decree of divorce and
dismissed the petition filed by the petitioner/husband for restitution of
conjugal rights and also allowed the M.C. No. 14 of 2016 and directed the
petitioner/husband herein to pay a sum of Rs.10,000/- per month for
maintenance. Now challenging the said order in M.C.No.14 of 2016, the
petitioner has filed the present Revision Petition before this Court.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.41 of 2021
4.The respondent/wife has stated in the petition that the
petitioner/husband is working as a Maths Lecture in a Government
Polytechnic College and also running tuition center in the name and style of
"Focus Tuition Centre" and earning a sum of Rs. 60,000/- per month and
the respondent/wife is having no sufficient means to maintain herself. In
these circumstance, the petitioner has not filed any affidavit showing his
income capacity.
5.Considering the facts and circumstance of this case, this court has
not find any perversity or illegality or infirmity in the order passed by the
family Court. Accordingly, the Civil Revision petition is dismissed in the
admission stage itself. The petitioner/husband is directed to pay the entire
arrear amount to the respondent/wife within a period one month from the
date of receipt of copy of this order and shall pay a monthly maintenance as
directed by the family Court, failing which, the Family Court is directed to
execute the order passed in accordance with law without
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.41 of 2021
P.VELMURUGAN.J
tta
any further delay. Consequently, the connected miscellaneous petition is
closed.
25.01.2021
tta
Index – Yes/No
To
The Additional Principal Family Judge at Coimbatore.
Crl.R.C.No.41 of 2021
https://www.mhc.tn.gov.in/judis/
