Madras High Court
Chandran vs Minor Sanjitha on 11 January, 2021
Crl.R.C.No.13 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2021
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.RC.No.13 of 2021 and
Crl.M.P.No.72 of 2021
Chandran ... Petitioner
Vs.
1.Minor Sanjitha
represented by mother
Madhammal
2.Madhammal ... Respondents
PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of
Cr.P.C against the Judgment made in Crl.M.P.No.1 of 2019 in M.C.No.10 of
2019 dated 08.11.2019 on the file of Family Court, Krishnagiri.
For Petitioner :Mr.G.Selvi George
ORDER
This Criminal Revision Petition has been filed against the Judgment
made in Crl.M.P.No.1 of 2019 in M.C.No.10 of 2019 dated 08.11.2019 on
the file of Family Court, Krishnagiri.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.13 of 2021
2. The respondents filed Maintenance case in M.C.No.10 of 2019
before the Family Court,Krishnagiri seeking maintenance under Section
125 Cr.P.C. and pending the same, the respondents filed Crl.M.P.No.1 of
2019 for interim maintenance. The learned Judge, Family Court,
Krishnagiri after hearing both sides, dismissed the petition against the
wife/second respondent and only allowed the petition against the minor
child i.e, the first respondent by ordering a sum of Rs.4,000/- per month
as interim maintenance from the date of petition till the disposal of the
petition. Challenging the said order , the father of the minor child is before
this Court by way of this Revision.
3. The learned counsel for the petitioner would submit that though
in this revision she has challenged the order passed by the Family Court,
now she seeks modification of the order passed by the learned Judge,
Family Court to deposit the arrears of amount in the name of the minor in
any one of the Nationalised Banks.
4. Heard the learned counsel for the petitioner. Perused the
materials available on record.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.13 of 2021
5. Admittedly, the first respondent is the minor daughter and the
second respondent is the mother of the first respondent and the minor
daughter is now in the custody of the petitioner. Though the learned
counsel for the petitioner has stated that the first respondent was forcibly
taken by the second respondent and therefore she seeks for modification
of the order, since at present as the minor child is in custody of the second
respondent and as a father filed the present O.P. in O.P.No.108 of 2019
before the Principal District Court, Krishnagiri, till the competent court
decides the custody of the child, the dutiful father is liable to maintain the
child. Further, considering the avocation of the petitioner, the Court below
has awarded a sum of Rs.4,000/-, which is reasonable. This Court does
not find that it is disproportionate to the income earned by the petitioner.
Therefore, this Court is not inclined to interfere with the order passed by
the Court below.
6. In view of the same, this Criminal Revision Petition is dismissed.
However, with regard to the modification sought for by the learned counsel
for the petitioner is concerned, admittedly the first respondent is minor
and is in custody of the second respondent and all these days the second
respondent has taken care of the minor child and spent the amount for
her maintenance. Therefore, this Court is not inclined to modify the order
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.13 of 2021
passed by the Family Court, Krishnagiri and the petitioner is directed to
deposit entire arrears of amount as ordered by the Family Court,
Krishnagiri in C.M.P.No.1 of 2019 in M.C.No.10 of 2019, within a period of
one month from today, failing which the Family Court, Krishnagiri is
directed to enforce the order in accordance with law. Consequently,
connected Miscellaneous Petition is closed.
Index:Yes/No 11.01.2021
Speaking order/Non-speaking order
arr
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.13 of 2021
To
The Family Court, Krishnagiri
P.VELMURUGAN, J
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.13 of 2021
arr
Crl.RC.No.13 of 2021
11.01.2021
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.13 of 2021
https://www.mhc.tn.gov.in/judis/
