Madras High Court
G.Moorthy vs M.Sumathi on 28 October, 2022
Crl.RC.No.456 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.R.C.No.456 of 2022
and
Crl.M.P.No.14377 of 20222
G.Moorthy ...Petitioner/Respondent
-Vs-
M.Sumathi ...Respondent/Petitioner
Criminal Revision Case filed under Sections 397 read with Section 401
of Cr.P.C. to set aside the order in M.C.No.14 of 2018 dated 04.03.2022 on
the file of the learned Family Judge (FC), Family Court, Tiruvallur.
For Petitioner : Mr.Avinash Wadhwani
For Respondent : M/s.Pari Gopal
*******
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
ORDER
This Criminal Revision has been filed to set aside the order passed by
the learned Family Judge (FC), Family Court, Tiruvallur in M.C.No.14 of
2018 dated 04.03.2022.
2. The petitioner is husband and the respondent is wife. Originally, the
respondent filed maintenance case in M.C.No.14 of 2018 before the Family
Court, Tiruvallur, seeking monthly maintenance of Rs.10,000/- for the
respondent. The learned Judge, Family Court, after hearing both the parties
and after analysing the documents on record, by order dated 04.03.2022,
partly allowed the petition and ordered maintenance of Rs.7000/- p.m.
3. Challenging the order passed by the learned Judge, Family Court in
the Maintenance case filed by the Petitioner/Wife under Section 125 Cr.P.C,
present appeal has been filed.
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
4. The learned counsel appearing for the petitioner/husband would
submit that the Petitioner herein/husband is getting a salary of Rs.6,000/- and
the learned Judge, Family Court without considering the monthly salary of the
Petitioner, has erroneously ordered maintenance of Rs.7,000/- p.m., which is
more than the income of the petitioner/husband. As per the decision of the
Hon'ble Supreme Court reported in 2021 2 SCC 324 in the case of Rajnesh
Vs. Neha and another, both the parties would submit the statement of assets
and liabilities within the stipulated time. Whereas the petitioner has not filed
the statement of the assets and liabilities as per the direction of the Hon'ble
Supreme Court. The learned Judge, Family Court would have pointed out the
same and directed the Respondent to comply the direction of the Hon'ble
Supreme Court. Despite the Respondent herein has not filed the statement of
assets and liabilities, the learned Judge, Family Court should not pass any
specific Order and direct the Respondent herein to file the statement of assets
and liabilities as per the direction of the Hon'ble Supreme Court which is
mandatory. Neither the respondent followed the direction, nor the learned
Judge, Family Court adhered to the direction of the Hon'ble Supreme Court.
Therefore, without any materials, the learned Judge, Family Court drawn
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
adverse inference and partly allowed the petition even they had not filed the
statement of assets and liabilities. Parallely, the order of maintenance of
Rs.7,000/- p.m., is exorbitant which is also against the fundamental principle
of Section 125 Cr.P.C., which clearly states that the husband having sufficient
means and refused to maintain the wife, unable to maintain herself. Whereas
the respondent herein has not produced the proof of income of the petitioner
or respondent. The respondent herein is a working woman and she has not
filed statement of assets and liabilities and she was suppressing his income
capacity. Under those circumstances, the Order of the learned Judge, Family
Court is against the Provision of Section 125 of Cr.P.C., Therefore, it is liable
to be dismissed.
5. The learned counsel appearing for the respondent/wife would submit
that the petitioner has not produced any document regarding the salary of the
petitioner and also he has not revealed his financial capacity. Therefore, the
learned Judge, Family Court considered the fact and ordered a sum of
Rs.7,000/- as maintenance, which is well founded and does not call for any
interference.
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
6. Heard the learned counsel for the petitioner and the respondent and
perused the records.
7. Admittedly, the petitioner is husband and the respondent is wife.
The relationship between the parties are not in dispute. Both are living
separately and HMOP is pending before the court below and it is also not in
dispute. However, the learned counsel for the petitioner relied on the
direction of the Hon'ble Supreme Court in Rajnesh's case cited supra for the
proposition that the statement of assets and liabilities to be submitted by the
respondent/wife. Whereas the respondent herein had not filed any statement
of assets and liabilities and despite the judgment of the Hon'ble Supreme
Court, neither the respondent followed the direction nor the learned Family
Judge adhered to the direction of the Hon'ble Supreme Court. Ignoring the
same and without any material, the learned Judge, Family Court has passed
order. Therefore, the order passed by the learned Judge, Family Court is set
aside and the matter is remitted back to the learned Judge, Family Court and
both parties are directed to file their statement of assets and liabilities as per
the direction of the Hon'ble Supreme Court within a period of three weeks
from today i.e., on or before 18.11.2022 before the learned Judge, Family
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
Court.
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
8. On receipt of the same, the learned Judge, Family Court, Tiruvallur,
after giving opportunity to both parties dispose the case since it is
maintenance under Section 125 of Cr.P.C. and the case is of the year 2018,
the learned Judge, Family Court is directed to dispose of the case in
M.C.No.14 of 2018 on merits, on or before 23.12.2022 and both the parties
are directed to extend their fullest cooperation for the disposal of the case
within the stipulated time.
Accordingly, the criminal revision case is disposed of. Consequently,
connected Miscellaneous Petition is closed.
28.10.2022
Index : Yes/No
Speaking order/non speaking order
dh
Note: Issue Order Copy on 04.11.2022
To
The Family Judge (FC),
Family Court, Tiruvallur.
https://www.mhc.tn.gov.in/judis
Crl.RC.No.456 of 2022
P.VELMURUGAN, J.,
dh
Crl.RC.No.456 of 2022
28.10.2022
https://www.mhc.tn.gov.in/judis
