Shanmugasundaram vs Avudaiyammal
2024 Latest Caselaw 5087 Mad

Madras High Court

Shanmugasundaram vs Avudaiyammal on 4 March, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                             Crl.O.P.(MD)No.22138 of 2022


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 04.03.2024

                                                        CORAM

                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                           Crl.O.P.(MD)No.22138 of 2022
                                                       and
                                           Crl.M.P.(MD)No.15622 of 2022

                Shanmugasundaram                                            ... Petitioner

                                                         Vs.

                Avudaiyammal                                                 ... Respondent

                PRAYER:- Petition filed under Section 482 of Cr.P.C., to call for the records
                relating to the judgment dated 05.04.2022 passed in Crl.R.C.No.15 of 2019 on
                the file of the Principal District Court, Thoothukudi, confirming the judgment
                dated 07.04.2017 passed in M.C.No.59 of 2013, on the file of the Chief Judicial
                Magistrate, Thoothukudi and set aside the same.


                                       For Petitioner    : Mr.K.Guhan
                                       For Respondent    : Mr.Ka.Ramakrishnan


                                                        ORDER

The Criminal Original Petition has been filed to quash the judgment dated

05.04.2022 passed in Crl.R.C.No.15 of 2019 on the file of the Principal District

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22138 of 2022

Court, Thoothukudi, confirming the judgment dated 07.04.2017 passed in

M.C.No.59 of 2013, on the file of the Chief Judicial Magistrate, Thoothukudi.

2.The case of the petitioner is that he is the husband of the respondent.

The respondent claims that she is the legally wedded wife and the marriage

between the petitioner and the respondent was solemnized on 03.04.1987 at

Karunkulam Venkatachalapathy Thirukovil. After marriage, the petitioner and

his family members harassed the respondent for demanding dowry and the

petitioner also failed to maintain the respondent. Thereby, the respondent filed a

maintenance case under Section 125 of Cr.P.C., before the learned Chief

Judicial Magistrate, Thoothukudi, in M.C.No.59 of 2013 claiming Rs.10,000/-

as maintenance. However, the trial Court, after adjudication, awarded only

Rs.4,000/-. Against which, the petitioner preferred a revision before the

Principal District Court, Thoothukudi in Crl.R.C.No.15 of 2019 and the learned

Principal District Judge also dismissed the revision on 05.04.2022 and

confirming the order passed by the trial Court. Challenging the same, the

present petition is filed.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22138 of 2022

3.The learned counsel for the petitioner would submit that the respondent

did not prove the marriage between the petitioner and the respondent, which

was allegedly performed in the year 1987. However, the maintenance case was

filed only in 2013 after a lapse of 25 years and the said issue was not properly

adjudicated by the trial Court and the trial Court has passed mechanical order

against the petitioner. Hence, he prayed for allowing this petition.

4.The learned counsel for the respondent would submit that the

respondent established all those details before the trial Court. Thereby, the trial

Court arrived at a conclusion and awarded Rs.4,000/- to the respondent. Hence,

he prayed for dismissal of this petition.

5.Heard the learned counsel on either side.

6.In order to prove the marriage between the petitioner and the

respondent, lot of documents were produced before the trial Court, i.e., Family

Card, exchange of notice, photos and the police complaint. Upon perusal of the

entire documents, the trial Court arrived at a conclusion that there was a

marriage between the petitioner and the respondent, for which, the petitioner

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22138 of 2022

has necessarily to give maintenance to the respondent. Now the issue arises

before this Court as to whether the maintenance awarded by the trial Court is

right or not. In the present case, the respondent claimed Rs.10,000/- as

maintenance, whereas the trial Court awarded only Rs.4,000/-. However,

considering the present cost of living, the maintenance awarded by the trial

Court is just and reasonable.

7.In view of the above, the prayer sought for by the petitioner cannot be

granted by this Court. Hence, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petition is closed.

                Index             : Yes/No                                            04.03.2024
                Internet          : Yes/No
                NCC               : Yes/No
                Sji
                To

1.The Principal District Court, Thoothukudi.

2.The Chief Judicial Magistrate, Thoothukudi.

https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.22138 of 2022

M.DHANDAPANI, J.

Sji

Crl.O.P.(MD)No.22138 of 2022

04.03.2024

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