K.Viswanathan vs Lakshmi Devi
2021 Latest Caselaw 22805 Mad

                                                                              Crl.R.C.No.398 of 2015

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   Dated : 22.11.2021

                                                       CORAM :

                                  THE HONOURABLE MS. JUSTICE R.N.MANJULA

                                                 Crl.R.C.No.398 of 2015


                     1.K.Viswanathan

                     2.K.Chandrasekar                                           .. Petitioners

                                                           Vs.

                     Lakshmi Devi                                               .. Respondent

                     PRAYER : Criminal Revision has been filed under sections 397 read
                     with 401 of Criminal Procedure Code to set aside the order dated
                     07.01.2015 passed in C.A.No.268 of 2013 by the VII Additional Sessions
                     Judge, Chennai against Crl.M.P.No.2913 of 2013 in M.C.No.33 of 2013
                     on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai.

                                     For Petitioners   :     Mr.A.Saravanan

                                     For Respondent    :     Mr.G.Vijayakumar

                                                    ORDER

The learned counsel for the petitioner reports no

instructions.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.398 of 2015

2. This Criminal Revision Case has been preferred against

the order passed in C.A.No.268 of 2013 dated 07.01.2015, by the learned

VII Additional Sessions Judge, Chennai.

3. The 1st petitioner is the husband of the respondent and the

2nd petitioner is the brother of the 1st petitioner. The respondent has filed

a petition in Crl.M.P.No.2913 of 2013 before the IX Metropolitan

Magistrate, Saidapet, Chennai for seeking reliefs under Sections

18(a)(b)(c)(d)(g), 19(a)(c)(d) and 20(a)(c)(d) of the Protection of Women

from Domestic Violence Act, 2005. In the said petition, the learned

Magistrate has passed an interim residential order, interim maintenance

order and protection order. The interim maintenance has been awarded at

the rate of Rs.15,000/- per month.

4. Aggrieved over that, the petitioner has preferred an appeal

in C.A.No.268 of 2013 and the same was also dismissed by confirming

the order of the learned Magistrate.

5. This Criminal Revision Case has been filed on the ground

https://www.mhc.tn.gov.in/judis Crl.R.C.No.398 of 2015

that the Courts below had failed to appreciate the earning capacity of the

petitioner while fixing the maintenance amount.

6. The learned counsel for the respondent submitted that out

of the wedlock between the 1st petitioner and the respondent, two

children were born to them and the 1st petitioner omitted to maintain

them.

7. Whatever may be the marital discord between the 1 st

petitioner and the respondent, as the father of the two minor children

born to him, the 1st petitioner is bound to maintain them. The 1st

petitioner is said to be conducting some business at Ekkattuthangal.

Apart from his business income, he is also getting rental income to the

tune of Rs.8,000/-. Even if the 1st petitioner does not have any income, he

is duty bound to maintain his children by doing some physical work. It is

not the case of the 1st petitioner that the respondent is employed

elsewhere and she has got the financial capacity to maintain the children.

In the present cost of living and standard of life, the order of interim

maintenance to the children at the rate of Rs.15,000/- is reasonable.

8. Hence, this Court does not find any illegality or infirmity

https://www.mhc.tn.gov.in/judis Crl.R.C.No.398 of 2015

in the order passed by the Courts below. Thus, this Criminal Revision

case is liable to be dismissed.

9. In the result, this Criminal Revision Case is dismissed.

The judgments of the Courts below are hereby confirmed.

22.11.2021 (R.N.M.J) rpl

To

1. The VII Additional Sessions Judge, Chennai.

2.The IX Metropolitan Magistrate, Saidapet, Chennai.

R.N. MANJULA, J.

https://www.mhc.tn.gov.in/judis Crl.R.C.No.398 of 2015

rpl

Crl.R.C.No.398 of 2015

22.11.2021

https://www.mhc.tn.gov.in/judis