Madras High Court
R.Gopala Kannan vs G.Raman on 2 July, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
Crl.RC.No.857 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.RC.No.857 of 2023
and
Crl.MP.No.6570 of 2023
R.Gopala Kannan ...Petitioner
Vs.
G.Raman ...Respondent
Criminal Revision case filed under Section 397 & 401 of Cr.P.C
1973 r/w 19(4) of the Family Courts Act, 1984, to set aside the judgment
passed in FCMC.No.59 of 2017 dated 29.12.2022 on the file of the Family
Court Judge at Dharmapuri by allowing the present criminal revision.
For Petitioner : M/s.S.Thankira
For Respondent : Mr.V.Sakkarapani
ORDER
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This Criminal revision case has been filed seeking quashment of the
order passed in FCMC.No.59 of 2017 dated 29.12.2022 on the file of the
Family Court Judge at Dharmapuri.
2. The case of the petitioner is that, petitioner and the respondent
herein are son and father and alleging that, the petitioner/son failed to
maintain the respondent, the respondent/father filed a maintenance case
under Section 125 of Cr.P.C. in MC.No.59 of 2017, claiming a sum of
Rs.10,000/- per month and Rs.50,000/- per annum towards food and other
expenses and also sought for a further direction directing the petitioner to
give the house, 12 sovereigns of jewels, chit amount of Rs.50,000/-,
Rs.70,000/- allegedly received by the petitioner towards compensation by
way of power grid and Rs.65,000/- by selling the goats. After adjudication,
the trial court, vide order dated 29.12.2022, while rejecting the other claims
made by the respondent had ordered for a monthly maintenance of
Rs.7,500/- in favour of the respondent/father payable by the petitioner/son.
Aggrieved by the same, the petitioner has come up with this revision.
3. Learned counsel for the petitioner submitted that, due to some
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family dispute, in order to wreck vengeance, the elder son of the respondent/
brother of the petitioner instigated the respondent/father to file the above
said maintenance case against the petitioner. Learned counsel further
submitted that, the petitioner being a dutiful son is ready to pay the monthly
maintenance as ordered by the trial court in favour of the respondent.
However, the only grievance of the petitioner is that, the petitioner earlier
gave a sum of Rs.3,00,000/- to the respondent and the same may deducted
from the total arrears payable by the petitioner in favour of the respondent.
4. Learned counsel appearing for the respondent/father did not dispute
the fact that the respondent received a sum of Rs.3 Lakhs from the petitioner
and he has no objection for deducting the said amount from the total arrears
of maintenance payable by the petitioner.
5. Heard learned counsel on either and perused the material
documents placed on record.
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6. Though very many grounds have been raised by the learned counsel
on either side, at the time of arguments, in view of the fact that the
respondent/father himself admitted that he received a sum of Rs.3 Lakhs
from the petitioner/son, which is evident from the cross examination of the
respondent, this Court while confirming the monthly maintenance awarded
by the trial court in favour of the respondent, is inclined to modify the
impugned award in the following manner:-
(i) the petitioner is directed to pay a maintenance amount
of Rs.7,500/- per month as awarded by the trial court to the
respondent without any default and the petitioner shall continue
to pay the said amount to the respondent on or before the 7th day
of every English Calendar month;
(ii) the petitioner is directed to pay the entire arrears of
maintenance amount at the rate of Rs.7,500/-, after deducting the
sum of Rs.3,00,000/- and other amount if any already paid, to
the respondent within a period of four weeks from the date of
receipt of a copy of this order.
7. With the above modifications and directions, this Criminal Revision
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case stands disposed of. Consequently, the connected Miscellaneous petition
is closed.
02.07.2024
(1/2)
skt
Index : Yes/No
Speaking order : Yes/No
NCC : Yes/No
To
The Family Court Judge,
Dharmapuri.
M.DHANDAPANI, J.
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skt
and
(1/2)
02.07.2024
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