J.M.Elangovan vs C.Saranya
2022 Latest Caselaw 9739 Mad

                                                                                         Crl.R.C.No.889 of 2021

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED : 09.06.2022

                                            CORAM :
                       THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
                                                     Crl.R.C.No.889 of 2021

                     J.M.Elangovan                                      ... Petitioner

                                                              Versus

                     C.Saranya                                    ... Respondent

                     Prayer: Criminal Revision Case filed under Section 397 and 401 of
                     Cr.P.C, to set aside the judgment and decree, dated 06.10.2021 made in
                     M.C.No.23 of 2019 on the file of the Family Court, Villupuram.

                                        For Petitioner      : Mr.K.Chandru

                                        For Respondent      : No Appearance

                                                            ORDER

This Revision Case is filed as against the order of the Family Court,

Villupuram, dated 06.10.2021 in M.C.No.23 of 2019, whereby, the Family

Court had awarded a sum of Rs.20,000/- per month as maintenance to the

respondent/wife.

2. The learned Counsel appearing for the petitioner would submit

that there was absolutely no justification on behalf of the wife to live

separately and already, at the Village Panchayat she agreed that the https://www.mhc.tn.gov.in/judis

Crl.R.C.No.889 of 2021

marriage to be dissolved by mutual consent and taken her jewels and

Rs.2,00,000/- as cash and had undertaken not to claim any maintenance

whatsoever. Inspite of it, the respondent/wife had retracted and therefore,

the petitioner/husband had already filed a divorce petition and a Civil

Miscellaneous Appeal, arising out of the proceedings are pending. The

respondent/wife has now belatedly filed this application and without any

proof as to the income, the Trial Court has taken Rs.40,000/- per month

and has fixed an exorbitant amount of Rs.20,000/- as maintenance.

3. Even though notice was sent, the respondent/wife had returned the

same as unclaimed and therefore, already the service has been treated as

complete and today, when the matter came up for hearing, there is no

representation on behalf of the respondent/wife. As a matter of fact, the

interim order already granted by this Court was also produced before the

Family Court and therefore, the respondent/wife is in the knowledge of the

proceedings.

4. I have considered the submissions made on behalf of the learned

Counsel for the petitioner and perused the material records of the case.

The petitioner is duty bound to maintain the respondent/wife. The Trial https://www.mhc.tn.gov.in/judis

Crl.R.C.No.889 of 2021

Court had taken the monthly income as Rs.40,000/- and however, fixed a

sum of Rs.20,000/- per month as maintenance. As per the dictum of the

Hon'ble Supreme Court of India in Kalyan Dey Chowdhury Vs. Rita Dey

Chowdhury Nee Nandy [(2017) 14 SCC 200], fixing of monthly

maintenance at 25% of the income would be just and fair and therefore, I

hold that fixing of a sum of Rs.20,000/- is on the higher side and therefore,

I am inclined to modify the same as Rs.10,000/- per month and

accordingly, this Revision Case is ordered as follows:-

(i) The order of the Family Court, Villupuram, dated 06.10.2021 in

M.C.No.23 of 2019 is modified that the petitioner shall pay monthly

maintenance of Rs.10,000/- per month to the respondent/wife on or before

5th day of every English Calendar month;

(ii) In all other respects, the order of the Trial Court is confirmed;

(iii) Consequently, Crl.M.P.No.13692 of 2021 is closed.

09.06.2022 Index : yes/no Speaking/Non-speaking order grs

To

The Family Court, Villupuram.

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

Crl.R.C.No.889 of 2021

D.BHARATHA CHAKRAVARTHY, J.

grs

Crl.R.C.No.889 of 2021

09.06.2022

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