Madras High Court
P.Arunpandi vs A.Durga Devi on 14 July, 2023
Crl.R.C.(MD).No.365 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 14.07.2023
CORAM :
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN
Crl.R.C(MD).No.365 of 2023 and
Crl.M.P(MD).No.5324 of 2023
P.Arunpandi ... Petitioner
Vs.
1.A.Durga Devi
2.Minor A.Kriteesh Pandi
2nd respondent is represented through
1st respondent mother and Natural Guardian ... Respondents
PRAYER: Criminal Revision Case filed under Section 397 r/w. 401
Cr.P.C., to call for the records pertaining to the order passed by the
learned Additional Chief Judicial Magistrate, Madurai in Crl.M.P.No.72
of 2023 in M.C.No.13 of 2022, dated 03.02.2023 and set aside the same.
For Petitioner : Mr.V.Santhakumaresan
For respondents : Mr.M.Suresh
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Crl.R.C.(MD).No.365 of 2023
ORDER
The petitioner/husband filed this revision challenging the interim maintenance award dated 03.02.2023 in Crl.M.P.No.72 of 2023 in M.C.No.13 of 2022 on the file of the learned Additional Chief Judicial Magistrate, Madurai, wherein the learned Magistrate awarded a sum of Rs.10,000/- as monthly maintenance in total, in favour of the respondents.
2. The marriage between the petitioner and the first respondent was solemnized on 06.04.2021. Out of the wedlock, the second respondent was born. Due to some dispute, they are living separately. The respondents filed maintenance petition in M.C.No.13 of 2022 along with interim maintenance petition in Crl.M.P.No.72 of 2023 in M.C.No.13 of 2022 on the file of the learned Additional Chief Judicial Magistrate, Madurai. The learned Trial Judge, after considering the entire evidence, has granted a sum of Rs.7,000/- to the 1st respondent and Rs.3,000/- to the 2nd respondent, totally Rs.10,000/- towards their maintenance. Aggrieved over the same, the petitioner has filed the present revision.
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3. The learned counsel appearing for the petitioner submitted that even though the learned Trial Judge held that the salary of the petitioner is Rs.13,000/-, an assumption, he came to the conclusion that the petitioner would have earned more than Rs.25,000/- and hence, he seeks for reduction of the maintenance amount.
4. The learned counsel appearing for the respondents would submit that the petitioner is working at Sri Hari Polimer and he is getting salary of Rs.35,000/- per month. Hence, he seeks for dismissal of the revision.
5. This Court has considered the submissions made by the learned counsel appearing on both side and perused the records.
6. The learned trial Judge held that the petitioner has been receiving Rs.13,000/- as monthly income. Further the respondents have not produced any proof for the petitioner's salary is Rs.35,000/- per month. Taking into consideration of the above aspect, this Court is inclined to modify the maintenance amount and accordingly, reduced the maintenance award amount from Rs.10,000/- to Rs.7,000/-. 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD).No.365 of 2023
7. Accordingly, this Criminal Revision Case is allowed in the following terms:
i) The interim maintenance granted to the respondents vide impugned order dated 03.02.2023 in Cr.M.P.No.5324 of 2023 is modified and hereby reduced the total maintenance amount from Rs.10,000/- to Rs.7,000/-. The interim maintenance granted to the first respondent is reduced from Rs.7,000/- to Rs.4,000/- and the interim maintenance granted to the second respondent to the tune of Rs.3,000/- is hereby confirmed.
ii) The arrears of maintenance to be deposited before the Trial Court at the rate of Rs.7,000/- per month from the date of petition till the date of making deposit, excluding the amount already deposited, within a period of four weeks from the date of receipt of copy of this order;
iii) The petitioner is directed to pay a sum of Rs.7,000/- per month to the respondents on or before 10th day of every English Calender month till the disposal of M.C.No.13 of 2022.
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iv) The learned Additional Chief Judicial Magistrate, Madurai is directed to dispose the case in M.C.No.13 of 2022 within a period of two months from the date of receipt of a copy of this order, independently without influencing the discussion made in this order. Consequently, the connected Miscellaneous Petition is closed.
14.07.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No trp To The Additional Chief Judicial Magistrate, Madurai.
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