V.Manjula vs K.Velmurugan
2024 Latest Caselaw 8139 Mad

Madras High Court

V.Manjula vs K.Velmurugan on 29 May, 2024

Author: Sathi Kumar Sukumara Kurup

Bench: Sathi Kumar Sukumara Kurup

                                                                                    Crl. R.C.No. 1182 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                  Judgment Reserved on                13.09.2023
                                  Judgment Pronounced on               29.05.2024

                                                         Coram

                 THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                               Crl.R.C.No.1182 of 2019

                 1.V.Manjula
                 2.Minor V.Vijaykanna
                 3.Minor V.Nandini                               .. Petitioners

                                                           Vs

                 K.Velmurugan                              .. Respondent




                 Prayer: Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C to call
                 for the records culminating in the Order dated 21.08.2019 passed in F.C.M.C.No.65
                 of 2017 by the learned Family Judge, Family Court, Vellore, Revise the same and
                 enhance the monthly maintenance amount awarded therein to Rs.20,000/- for the 1st
                 petitioner, Rs.15,000/-each to the 2nd and 3rd petitioners to be paid to them from the
                 date of filing of the said F.C.M.C.No.65 of 2017 and Rs.50,000/- towards litigation
                 expenses.

                 1/10




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                                                                                   Crl. R.C.No. 1182 of 2019




                           For Petitioners           ..    Ms.S.Sweda
                                                           for Mr.A.Arun

                           For Respondent             ..   Mr.S.Deivasigamani
                                                            for MR.V.Arul


                                                          JUDGMENT

The Petitioners had preferred the Criminal Revision case to call for the

records culminating in the Order dated 21.08.2019 passed in F.C.M.C.No.65 of

2017 by the learned Family Judge, Family Court, Vellore, revise the same and

enhance the monthly maintenance amount awarded therein to Rs.20,000/- for the 1st

petitioner, Rs.15,000/-each to the 2nd and 3rd petitioners to be paid to them from the

date of filing of the said F.C.M.C.No.65 of 2017 and Rs.50,000/- towards litigation

expenses.

2. The learned Counsel appearing for the Revision Petitioner submitted that

the Revision Petitioner/Wife, who is the Petitioner in F.C.M.C.No.65 of 2017 before

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the learned Judge, Family Court, Vellore. The Petitioner/Wife had examined herself

as P.W.1. The Senior Section Engineer of Katpadi Division under whom the

Respondent/Husband was working as Section Engineer, Signal and Communication

was examined as P.W-2. As per the evidence of P.W-2, the monthly salary of

Respondent is Rs.59,493/-. After deduction it is Rs.42,713/-. As per the Petitioner's

contention he is earning approximately Rs.60,000/- per month and through

agriculture and other source of income. He owns 4 acres of agricultural land and

building which is leased out for rent, through which his total income per month is at

Rs.1,20,000/- as per the claim petition.

3.After due enquiry, on appreciation of evidence, the learned Judge, Family

Court, had granted maintenance to the Petitioner and minor children as Petitioners 2

& 3. Accordingly, the learned Judge Family Court, Vellore, had granted a sum of

Rs.10,000/- as monthly maintenance for the 1st petitioner/wife and Rs.60,000/- to

the minor children per month and Rs.25,000/- towards litigation expenses.

Aggrieved by the same, the wife, who is the petitioner in F.C.M.C.No.65 of 2017 on

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the file of the learned Judge, Family Court, Vellore, had preferred this Criminal

Revision Case seeking enhancement of the maintenance.

4. In F.C.M.C.No.65 of 2017 the wife had claimed a sum of Rs.25,000/- for

her and Rs.15,000/- for the children and Rs.50,000/- towards litigation expenses.

5.Considering the fact that the Petitioner was working as Technician under

the Senior Section Engineer, Signal Southern Railways, Katpadi Division, the Senior

Section Engineer, Southern Railways was examined as P.W.2. The learned Judge

had calculated the monthly income and granted Rs.10,000/- to the wife and

Rs.6000/- each to the minor children.

6.The learned Counsel for the Respondent/Husband submitted that what had

been calculated by the learned Judge, Family Court, Vellore, is a well reasoned

order and it does not warrant any interference by this Court. Further, he would

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submit that during the pendency of this Criminal Revision Case, the 2nd

Petitioner/Son had attained age of majority.

7.When the case came up for hearing, on an earlier occasion i.e., 05.09.2023

the learned Counsel for the Revision Petitioner/Wife submitted that there had been

arrears of maintenance from the Respondent. The learned Counsel for the

Respondent disputed the claim stating that he had paid entire dues. Therefore, the

case was adjourned seeking particulars from the learned Counsel for the Revision

Petitioner/Wife and learned Counsel for the Respondent. This Court had also sought

remarks from the learned Judge, Family Court, Vellore, regarding the amount

already deposited before the Court concerned in C.M.P.No.45 of 2022 filed by the

Revision Petitioner on behalf of herself and minor children.

8.Accordingly, the learned Judge, Family Court, Vellore in letter in

D.No.919/2023 dated 12.09.2023 had reported that the Respondent/Husband had

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paid amounts as extracted hereunder:

''9.The 3rd minor petitioner has preferred C.M.P.No238 of 2022 for the period of 01.09.2021 to 31.07.2022 for Rs.6,000 x 11 months=Rs.66,000/-. The respondent has paid Rs.56,000/- till 7.09.2023 and the balance is Rs.10,000/-. The petition is pending for payment.''

9.Therefore, out of the litigation expenses only Rs.14,000/- had been

deposited.

Point for consideration

Whether the order passed by the learned Judge, Family Court, Vellore in F.C.M.C.No.65 of 2017 dated 21.08.2019 is to be enhanced?

10. On consideration of the rival submissions, it is found that on the basis of

due enquiry conducted before the learned Judge, Family Court, Vellore, the Senior

Section Engineer, Southern Railways, Katpadi who was examined as P.W-2 had

stated that the Respondent in this case, the husband of the first Petitioner and father

of the Petitioners 2 and 3 was working as Technician (Signal and Communication

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Department of Southern Railways) at Katpadi. Therefore, his Senior Section

Engineer (Signals) was summoned as P.W-2. He had clearly deposed that the take-

home salary of the first Respondent, the husband of the first Petitioner is

Rs.47,000/-. Therefore, the learned Judge, Family Court had granted a decree for

maintenance by granting Rs.10,000/- as monthly maintenance for the mother and

Rs.6,000/- each for the minor sons/Petitioners 2 and 3. In this case, the Revision

was filed by the wife seeking enhancement of the maintenance from the meagre

amount granted by the learned Judge, Family Court, Vellore is Rs.10,000/- to

Rs.20,000/- to the first Petitioner; from Rs.6,000/- to Rs.15,000/- to minor

Petitioners 2 and 3 and from Rs.25,000/- to Rs.50,000/- for litigation expenses. As

per his claim, the Petitioners are to be paid maintenance as the husband/first

Respondent is earning Rs.47,000/-. When the Revision Petition was pending, the

elder son of the Petitioner had attained the age of majority. Therefore, he need not

be paid for his maintenance.

11. The submission of the learned Counsel for the Respondent/husband that

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what was awarded by the learned Judge, Family Court is a reasonable Order which

does not warrant interference will not hold good in this case. As per the evidence of

Senior Section Engineer, the husband of the first Petitioner and father of the minors

2 and 3, the Respondent was serving in the Southern Railways under the Senior

Section Engineer as a Technician. His salary was Rs.59,493/- in the month of 2018.

After deduction, it was Rs.42,713/-. Therefore, the maintenance for the wife is

enhanced from 10,000/- to Rs.15,000/-. Litigation Expenses is enhanced from

25,000/- to Rs.50,000/-.

12. Considering the claim of enhancement, the maintenance of the wife alone

is enhanced by Rs.15,000/-. The Order passed by the learned Judge, Family Court,

Vellore regarding monthly maintenance for the minor children are maintained as

such. Litigation Expenses is enhanced from Rs.25,000/- to Rs.50,000/-.

13. In the light of the above discussion, the point for consideration is

answered in favour of the Petitioners and against the Respondent.

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14. In the light of the above, the amount is modified as follows:

The monthly maintenance of wife will be Rs.15,000/- p.m.,

The maintenance already granted to the children/Petitioners 2 and 3 are

maintained as such. There is no enhancement. Litigation Expenses is enhanced

from Rs.25,000/- to Rs.50,000/-.

In the result, this Criminal Revision case is partly allowed. The order passed

by the learned Judge, Family Court, Vellore in F.C.M.C.No.65 of 2017 dated

21.08.2019 is modified. The monthly maintenance of wife will be Rs.15,000/- p.m.

The maintenance already granted to the children/Petitioners 2 and 3 are

maintained as such. There is no enhancement. Litigation Expenses is enhanced

from Rs.25,000/- to Rs.50,000/-

29.05.2024 vsn/dh Internet:Yes/No Index:Yes/No Speaking/Non-speaking order

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SATHI KUMAR SUKUMARA KURUP.J ,

vsn/dh

To The Judge, Family Court, Vellore.

Judgment made in

29.05.2024

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