Madras High Court
H.Pandiyarajan vs Minor P.Kanishka on 13 November, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
CRL RC No. 1921 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
CRL RC No. 1921 of 2025
and
CRL MP No. 18499 of 2025
H.Pandiyarajan
Petitioner
Vs
1. Minor P.Kanishka,
rep. By her mother and natural
guardian L.Poornimadevi
2. L.Poornimadevi
Respondent
CRL RC No. 1921 of 2025
PRAYER
To allow the above Criminal Revision Case by setting aside the judgment dated
16.12.2024 passed in M.C.No.07 of 2023 on the file of Judicial Magistrate
Court, Tiruttani.
For Petitioner: Mr.K.Govi Ganesan
For Respondent: Mr.R.Subramaniyam
ORDER
Challenging the impugned order passed by the learned Judicial
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Magistrate Court, Tiruttani in M.C.No. 07 of 2023, the petitioner/husband
preferred this Criminal Revision Petition.
2. The petitioner prayed to set aside the findings of trial court by raising
following grounds :-
(i) The Court below has erroneously awarded for a sum of
Rs.15,000/- to the 1st respondent towards monthly maintenance,
which is a excessive without considering that she is just 8 years
old child only.
(ii) The Court below erroneously awarded a sum of Rs.30,000/- per
annum to the 1st respondent towards education expenses without
properly considering the fact that she is just studying 3rd std.
only.
(iii) The court below failed to see that the 3rd respondent wife is
also working as a teacher and she is considerably earning
Rs.56,000/- per month and hence, out not to have awarded huge
maintenance against the petitioner herein.
(iv) The court below failed to see the petitioner has also to take care
of his parents and maintain them, who are 75 years and 69 years
respectively.
(v) The court below failed to see that the 2nd respondent has
admitted the 1st respondent in Bharathidasan School, Arakonam
not as stated by her and there is no much expenses needed for
that school.
(vi) The court below failed to see that it is the 2nd respondent, who
has deserted the matrimonial home along with the 1st respondent
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herein, without any rhyme or reason and she is not entitled for
maintenance and therefore, the court below ought to have
dismissed the M.C.
(vii) The court below failed to see that the petitioner has also filed
HMOP No. 119 of 2024 for restitution of conjugal rights under
Sec.3 of Hindu Marriage Act and the same is also pending and it
is the 2nd respondent herein, who is adamantly refusing to lead
the matrimonial home.
3. The learned counsel for petitioner would submit that the 2nd respondent
wife purposely not inclined to live with him and she deserted the matrimonial
home along with 1st respondent, however, he is bound to maintain his aged
parents. Therefore, he prayed to modify the maintenance award in faovur of his
daughter/1st respondent.
4. The learned counsel for respondent appeared and raised objections
stating that the petitioner is also a Government school teacher and drawing
salary of Rs.1,50,000/- in a Government Higher Secondary School,
Ganapathipuram village.
5. Heard both sides.
6. Admittedly, both the petitioner and 2nd respondent are teachers. The
petitioner is working in a Government Higher Secondary School and as on date,
the 1st respondent is under the custody of wife/2nd respondent. Therefore,
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awarding of Rs.15,000/- towards maintenance to the child alone as such is
sustainable one. Furthermore, the reasons assigned by the trial court for
awarding of maintenance is perused, which needs no interference of this court.
Accordingly, this Criminal Revision Case is dismissed and the findings
rendered by the trial judge is confirmed. The petitioner is directed to pay the
maintenance awarded by the trial court regularly without fail on or before 5 th of
every English calender month. If any balance in arrears of maintenance, the
same is ordered to be paid within three months from the date of receipt of a
copy of this order after deducting the amount, which was already paid by the
petitioner. Consequently, the connected Criminal Miscellaneous Petition is
closed.
13-11-2025
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
rpp
To
Judicial Magistrate Court, Tiruttani.
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T.V.THAMILSELVI J.
rpp
CRL RC No. 1921 of
2025 AND CRL MP
13-11-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/11/2025 04:52:27 pm )
