Madras High Court
Suresh vs Minor Yohith on 10 February, 2015
Author: M.Sathyanarayanan
Bench: M.Sathyanarayanan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.02.2015 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD)No.47 of 2015 Suresh ... Petitioner Vs. Minor Yohith rep.by his mother and natural guardian R.Anitha ... Respondent Petition filed under Sections 397 and 401 of the Criminal Procedure Code, to call for the records and set aside the order passed by the Court of Judicial Magistrate, Aruppukottai in M.C.No.11 of 2013 on 05.02.2014. !For Petitioner : Mr.G.Marimuthu ^For Respondent : Mrs.D.Farjana Ghousia :ORDER
By consent, the revision itself is taken up for final disposal.
2.The petitioner is the biological father of the respondent, viz. Minor Yohith, aged about 4 years, who, through his mother, filed a petition for maintenance in M.C.No.11 of 2013 on the file of the Court of Judicial Magistrate, Aruppukottai. The said petition, after contest, came to be ordered on 05.02.2014, and the respondent herein was awarded a sum of Rs.12,000/- per month towards monthly maintenance, payable from the date of petition. Aggrieved by the quantum of maintenance, the respondent in the maintenance case, has filed this revision.
3.Mr.G.Marimuthu, learned counsel for the petitioner would contend that there is no marital relationship between the mother of the respondent and the petitioner as of now, and that there was a valid divorce decree dated 03.11.2010 and subsequently, an agreement also came into being, wherein the mother of the respondent herein has agreed to receive a sum of Rs.5,000/- towards monthly maintenance and therefore, it is not open to the respondent to claim enhanced maintenance.
4.Per contra, the learned counsel for the respondent would contend that the minor respondent is not precluded from claiming higher maintenance, and has also drawn the attention of this Court to the impugned judgment wherein the Trial Court has placed reliance upon the judgment rendered by the Kerala High Court which laid down the proposition that de hors any agreement between the husband and wife, the wife is not barred from claiming enhanced maintenance under Section 125 of Cr.P.C., as the said agreement is against public policy, and would pray that considering the present inflationary trend, the award of Rs.12,000/- per month, ordered to be paid to the minor respondent, is perfectly in order, and prayed for dismissal of this revision.
5.This Court, after considering the rival submissions, and upon perusal of the impugned judgment passed by the Court below, is of the view that the sum of Rs.12,000/- per month awarded by the Trial Court towards monthly maintenance to the minor respondent has to be reduced to a sum of Rs.8,000/- for the following reasons:
(a)It is an admitted fact that the petitioner as well as the mother of the minor respondent are Engineers and both of them are well employed, earning decent salaries. It is the submission of the learned counsel for the petitioner that the mother of the respondent is employed at Bangalore and the child is now in the custody of the maternal grandparents at Aruppukottai, and the respondent being the biological mother, is also bound to maintain the minor respondent, and therefore, the sum of Rs.12,000/- per month awarded by the Trial Court towards maintenance, at any rate, is exorbitant.
(b)The reasons assigned by the Trial Court that the minor respondent is entitled to maintenance are perfectly in order, but however, taking into consideration of the fact that the mother of the minor respondent is also an Engineering Graduate and decently employed in a reputed company at Bangalore, and earning a good salary, the sum of Rs.12,000/- awarded by the Trial Court towards monthly maintenance, appears to be exorbitant, and hence the quantum of maintenance alone requires modification.
6.In the result, the Criminal Revision Case is partly allowed and the impugned order dated 05.02.2014 passed by the Trial Court in awarding a sum of Rs.12,000/- per month is modified and the petitioner is directed to pay a sum of Rs.8,000/- per month towards monthly maintenance from the date of petition, and he shall pay the arrears of maintenance within three months from the date of receipt of a copy of this order and continue to pay the future maintenance at the rate of Rs.8,000/- per month on or before 5th of every English succeeding Calendar month, to the mother of the minor respondent. No costs.
Index : Yes/No 10.02.2015
Internet : Yes/No
KM
To
1.The Judicial Magistrate,
Aruppukottai.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
M.SATHYANARAYANAN, J.
KM
Crl.R.C.(MD)No.47 of 2015
10.02.2015