A.Thoufic Rahman vs K.S.Thasneem Parveen
2022 Latest Caselaw 10608 Mad

                                                                        Crl.R.C.No.753 of 2022
                                                                                           and
                                                                       Crl.M.P.No.7669 of 2022


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED : 20.06.2022

                                                  CORAM :

                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                         Crl.R.C.No.753 of 2022
                                                  and
                                         Crl.M.P.No.7669 of 2022



           A.Thoufic Rahman                                            ... Appellant

                                                   Versus
           1.K.S.Thasneem Parveen

           2. Minor Lashima Sherin                                     .. Respondents



           Prayer: Criminal Revision Petition filed u/s. 397 read with 401 of Cr.P.C to
            call for the records relating the order passed in C.M.P.No.257 of 2021 in
            M.C.No.64 of 2021 dated 27.04.2022 by the learned Additional Principal
            Family Judge, Coimbatore set aside the same.


                                  For Appellant     : Mr.A.Saranraj
                                  For Respondent    : No appearance
                                                   *****




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


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                                                                               Crl.R.C.No.753 of 2022
                                                                                                  and
                                                                              Crl.M.P.No.7669 of 2022




                                               JUDGMENT

By an order dated 27.04.2022 in C.M.P.No.257 of 2021 in M.C.No.64 of

2021, the learned Additional Principal Family Judge, Coimbatore, ordered the

petitioner to pay an interim maintenance of Rs.20,000/- each namely to the first

respondent wife and the second respondent minor daughter, in a total of

Rs.40,000/- per month. The same is questioned in this revision.

2. The learned counsel for the petitioner would submit that the said

amount is exorbitant and it is more than what is necessary to sustain a living

by the respondents and therefore prays that this has to be interfered with, by

this Court.

3. I have considered the submissions made by the learned counsel for the

appellant perused the materials placed on record.

4. I am of the view that, it is only an interim maintenance pending main

maintenance case. It is seen that, both parties have filed the affidavits of assets

and liabilities, as directed by the Hon'ble Supreme Court of India reported in

Rajnesh Vs. Neha in Crl.A.No.730 of 2020. https://www.mhc.tn.gov.in/judis

Crl.R.C.No.753 of 2022 and Crl.M.P.No.7669 of 2022

5. In that view of the matter, the trial in the main maintenance case itself

can be completed shortly and therefore without going into further details, this

Court is of the opinion that the same could be gone into detail at the time of

deciding the main maintenance case.

6. I am of the view that, prima facie fixing of interim maintenance

temporarily pending main maintenance petition could not be found fault with.

Therefore, this Criminal Revision is disposed of with the following terms:

(i) The order of the learned Additional Principal Family Judge,

Coimbatore dated 27.04.2022 in C.M.P.No.257 of 2021 in M.C.No.64 of 2021

is upheld.

(ii) The learned Additional Family Judge, Coimbatore is directed to

dispose of the M.C.No.64 of 2021 on merits in accordance with law as

expeditiously as possible, in any event, not later than four months from the date

of receipt of a copy of this order.

20.06.2022

Index : yes/no Speaking order/Non-speaking order sma https://www.mhc.tn.gov.in/judis

Crl.R.C.No.753 of 2022 and Crl.M.P.No.7669 of 2022

To

1. learned Additional Principal Family Judge, Coimbatore

2. The Public Prosecutor, Madras High Court.

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

Crl.R.C.No.753 of 2022 and Crl.M.P.No.7669 of 2022

D.BHARATHA CHAKRAVARTHY, J.

sma

Crl.R.C.No.753 of 2022 and Crl.M.P.No.7669 of 2022

20.06.2022

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