Madras High Court
R.Rajamanickam vs P.Dhanalakshmi on 1 December, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 01/12/2022
CORAM
The Hon'ble Mr.Justice G.ILANGOVAN
Crl.RC(MD)No.366 of 2021
R.Rajamanickam :Petitioner/Respondent
Vs.
1.P.Dhanalakshmi
2.Minor Sanjai
3.Minor Manmathakumar
(R2 and R3 are represented
by their mother and guardian-
P.Dhanalakshmi 1st respondent): Respondents/Petitioners
Prayer:- This Criminal Revision has been filed
under section 397 r/w 401 of the Criminal Procedure Code
to call for the records pertaining to the order passed in
MC No.3 of 2018, dated 05/04/2021 by the Judicial
Magistrate No.II, Usilampatti, Madurai District and set
aside the same.
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2
For Petitioner : Mr.K.Pandiyarajan
For Respondents : Mr.K.R.Laxman
O R D E R
This Criminal Revision has been filed seeking to
set aside the order passed in MC No.3 of 2018, dated
05/04/2021 by the Judicial Magistrate No.II, Usilampatti,
Madurai.
2.The facts in brief:-
The marriage between the husband and the wife was
performed, on 04/04/2003 as per their customary rites. At
the time of the marriage, the husband was working as a
Driver in a private bus. Right from the marriage under
the influence of alcohol, the husband used to give
trouble and assaulted the wife. On 17/03/2004, a male
chid was born. The second child was also born, on
04/09/2005. Later in 2007, the husband joined in the
Tamil State Transport Corporation. Thereafter, because of
his misconduct, he was suspended from the service. Later,
he started a private lorry transport business with the
funds provided by the parents of the wife. Later, he
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rejoined in the Tamil Nadu Transport Corporation. So, the
wife demanded 40 sovereigns of gold jewels back from her
husband. But that was not done. So on 09/02/2015, she
lodged a complaint with the Valathur Police Station. In
the enquiry, the husband made an undertaking that he will
not make any trouble and also given an undertaking that
he will return the 40 sovereigns of gold jewels to the
wife. Again on 10/06/2016, another complaint was given,
over which, a case in Crime No.22 of 2016 was registered.
So because of the attitude of the husband, the wife is
residing in the her parental home.Seeking maintenance
amount of Rs.10,000/- each for herself and the two
children, she filed a petition before the trial court.
3.That was resisted by the husband, who is the
petitioner herein on the ground that only the first
respondent/wife assaulted his parents and in order to
escape from the above said criminal complaint, she lodged
a false complaint. He is also ready to live with the
family. Now, he is drawing Rs.6,000/- after deduction.
4.Before the trial court, on the side of the wife,
one witness was examined and one document was marked. On
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the side of the husband, three witnesses have been
examined and seven documents were marked.
5.At the conclusion of the trial, the trial court
found that the husband is bound to maintain the wife and
the children and accordingly, Rs,6,000/- each was ordered
towards maintenance to the wife as well as the two
children.
6.Challenging the above said order, this revision
has been filed.
7.Heard both sides.
8.When the matter is pending, the case was
referred to Medication and Conciliation Centre, attached
to this Bench for settlement, but it could not be
settled. So the matter is referred back to the court and
after hearing both sides, this order has been passed.
9.From the narration of the events spoken, it is
seen that the marriage between the parties as well as the
birth of the child are admitted. Now the wife says that
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because of the attitude of the husband, trouble has
arisen and she was also ill-treated and harassed by her
husband.
10.Now it is the counter allegation of the husband
to the effect that the wife caused assault to his parents
and because of the above said only, trouble has arisen.
Now whatever it may be, separate living is admitted on
either side. Even though the attempt on the part of the
court to make the settlement, there is no possibility of
settlement.
11.The learned counsel appearing for the
petitioner would submit that absolutely there is no
reason for the wife to reside separately. As mentioned
earlier, even though the complaint has been registered
against the husband regarding the above said matrimonial
issue, what happened after the above said criminal
complaint is not clear on record. There is a clear
finding by the trial court to the effect that because of
the ill-treatment alleged to have been made by the
husband, the wife is living in her parental home. Since
the criminal complaint has also been lodged, now there is
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no possibility of joint living because of the failure of
the mediation process. So as rightly pointed out by the
trial court, it cannot be stated that there is no
sufficient to reason to reside the wife separately and
the husband has to pay the maintenance amount to the wife
and children, which cannot be disputed.
12.According to the husband, after deduction, he
is getting Rs.19,150/- per month. So he is not in a
position to pay the total maintenance of Rs.18,000/- to
the wife and the children, that is his grievance.
13.Per contra, the learned counsel appearing for
the respondents would rely upon the judgment of the
Hon'ble Supreme Court in the case of Rajnesh Vs. Neha and
another (Criminal Appeal No.730 of 2020, dated
04/11/2020) for the purpose of argument that only 1/3rd of
the total salary or income can be ordered for
maintenance. So considering the prevailing salary of the
petitioner, I am of the considered view that ordering Rs.
5,000/- each to the respondents will be sufficient and
reasonable also.
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14.In the result, this criminal revision is partly
allowed and the maintenance amount awarded by the trial
court to the respondents is reduced to Rs.5,000/- each
from the date of filing this revision.
01/12/2022
Index:Yes/No
Internet:Yes/No
er
To,
The Judicial Magistrate No.3,
Usilampatti,
Madurai District.
https://www.mhc.tn.gov.in/judis
G.ILANGOVAN,J
er
Crl.RC(MD)No.366 of 2021
01/12/2022
https://www.mhc.tn.gov.in/judis
