Madras High Court
M.Elango vs R.Jayanthi on 7 July, 2023
Crl.R.C.No.929 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
Crl.R.C.No.929 of 2023
and
Crl.M.P.No.9472 of 2023
M.Elango ... Petitioner
Versus
R.Jayanthi ...Respondents
Prayer : Criminal Revision filed under Section 397 r/w 401 of
Criminal Procedure Code 1973, to call for the records in M.P.No.116 of
2022 in M.C.No.156 of 2020 on the file of the VII-Additional Family
Court, Chennai and set aside the order dated 15.11.2022.
For Petitioner : Mr. T.C.S.Raja Chockalingam
ORDER
The present revision is directed against the order passed in
M.C.No.156 of 2020 by the learned VII-Additional Family Court, Chennai.
2.The respondent herein has filed the petition in M.P.No.116 of
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Crl.R.C.No.929 of 2023
2022 seeking interim maintenance of Rs.25,000/- per month.
3.The case of the respondent/petitioner is that the marriage
between her and the present revision petitioner was solemnized on
30.08.1998 as per the Hindu rites and customs, and out of the said
wedlock they have begotten a male child by name, Sukeshwaran;
According to the respondent/petitioner, she and her son were subjected to
physical assault as well as mental harassment by the present revision
petitioner and her son has also undergone surgery recently. It is also her
contention that she is unable to maintain herself and her son, therefore,
prayed to direct the present revision petitioner to pay an interim
maintenance of Rs.25,000/- per month.
4.The present revision petitioner/respondent filed a counter
affidavit stating that the marriage between him and the respondent herein
was dissolved by the II-Additional Family Court, Chennai in H.M.O.P.
No.2342 of 2023 on the ground of cruelty and desertion and therefore, he
is not bound to maintain the respondent, who is his first wife.
5.The learned II-Additional Family Court Judge, after
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Crl.R.C.No.929 of 2023
considering the rival submissions had concluded that the present revision
petitioner is bound to maintain the respondent herein by paying a sum of
Rs.25,000/- per month. Accordingly, interim maintenance of Rs.25,000/-
was granted in M.P. No. 116 of 2022 in M.C. No.156 of 2020 and it was
directed to be paid on or before the 5th day of every English Calendar.
6.A perusal of the order of the Trial Court shows that the present
revision petitioner had contracted a second marriage after the dissolution of
his first marriage with the respondent on the basis of an ex parte order
passed in H.M.O.P.No.2347 of 2003. It is also stated that the present
respondent does not have any independent source of income to maintain
herself and her son. However, the trial court held that the respondent did
not produce any evidence to show that her son had recently undergone
surgery in a hospital.
7. In the instance case, the revision petitioner is working as Sub-
Inspector of Police, Greater Chennai, and his Gross Salary is Rs.80,582/-,
as could be seen from his pay slip for the month of June 2023, submitted
before this Court. The Trial Court Judge in his Judgment, in paragraphs
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Crl.R.C.No.929 of 2023
Nos.13, 14 & 15 has gone in detail with the evidence after rival hearing
submissions of both the parties and concluded that it would be appropriate
to grant interim maintenance. It is useful to extract the said paragraphs
Nos.13,14 & 15 of the Judgment, hereunder:
“13. In view of the above settled position of
law, it is the obligation of the respondent-husband to
maintain the petitioner-wife and children in the
custody of the petitioner. Further, the obligation of
respondent-husband is on a higher pedestal when the
question of maintenance of wife and children arises.
In this regard, the Hon'ble Apex court in Shamima
Farooqui V. Shahid Khan, 2015 (3) CTC 80, held in
para 18 as follows:-
“when the women leave the
matrimonial home, the situation is quite
different. she is deprived of many a comfort.
Sometimes, the faith in life reduces. Sometimes,
she feels she has lost the tendered friend. There
may be a feeling that her fearless courage has
brought her the misfortune. At this stage , the
only comfort that the law can impose is that the
husband is bound to give monetary comfort.
That is the only soothing legal balm, for she
cannot be allowed to resign to destiny.
Therefore , the lawful imposition for grant of
maintenance allowance.
14. While determining the quantum of
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Crl.R.C.No.929 of 2023
maintenance, the Honb'le Apex Courtt in Jasbir Kaur
Sehghal V. District Judge Deradun & Others ,
1997(7) SCC 7 has held that the court has to
consider the status of the parties and respective
needs. At the same time, the amount so fixed cannot
be excessive or inordinate.
15. In view of the above said settled position
, considering the stated facts and circumstance sand
earning capacity of the respondent, and his financial
status ,this court inclines to pass order of interim
maintenance for a sum of Rs.20,000/- per month to the
petitioner and her son. The point is answered
accordingly.
8. All the observations of the Trial Court Judge are perfectly in
order and the same cannot be interfered with by this Court. Accordingly,
the Criminal Revision Case is dismissed.
9.This Court vide order dated 02.06.2023 granted an interim stay
on condition to deposit 50% of the arrears of maintenance amount to the
credit of M.C.No.156 of 2020.
10.When the matter is taken up for hearing today the present
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Crl.R.C.No.929 of 2023
revision petitioner has filed C.M.P.No.9472 of 2023 in Crl.M.P.No.7569 of
2023 in Crl.R.C.No.929 of 2023, praying to grant three months time to pay
the balance amount of Rs.1,00,000/- to the credit of M.C.No.156 of 2020.
Since the main Criminal Revision is taken up for hearing, the
C.M.P.No.9472 of 2023 is dismissed. The present Criminal Revision Case
and the Miscellaneous Petition, Crl.M.P.No.7569 of 2023 are also
dismissed.
07.07.2023
Index: Yes/No
Speaking/Non-Speaking order
Neutral Citation :Yes/No
klt
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Crl.R.C.No.929 of 2023
R. HEMALATHA, J.
klt
Crl.R.C.No.929 of 2023
07.07.2023
https://www.mhc.tn.gov.in/judis
