Revision against maintenance order. Court held daily wage worker status unclear but peg at Rs 1,000/pm for minors, reducing total from Rs 4,500/pm to Rs 3,000/pm.
Maintenance to respondents reduced to Rs. 1,000 per month each (total Rs. 3,000) from Rs. 1,500 each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.08.2013
THE HON'BLE MR.JUSTICE A.ARUMUGHASWAMY
CRL.R.C.(MD) No. 236 of 2013
S.Chandrasekar ... Revision Petitioner
Vs.
1.Malarkodi 2.Minor Suganya 3.Minor Priya 4.Minor Chandru
... Respondents
Prayer: Criminal revision petition filed under Section 397 of Criminal Procedure Code to call for the records and to set aside the order of the Judicial Magistrate, Musiri in M.C.No.5 of 2011 dated 24.05.2012 and pass other orders as deem fit.
For Petitioner : Mr.R.Rajaraman
For Respondents : Mr.R.Murugan
O R D E R
This revision is filed against the order passed by the learned Judicial Magistrate, Musiri in M.C.No.5 of 2011 dated 24.05.2012 granting maintenance amount of Rs.1500/- to each one of the respondents herein. Aggrieved against the said order, the husband has filed this revision before this Court.
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denied. It is also not in dispute that the father/the petitioner is working as a daily wage coolie and he is working as Plumber as well as Electrician. Considering all these aspects, the trial court has awarded Rs.1500/- to each of the respondents. Insofaras the income of the petitioner is concerned, it has not been properly proved to the satisfaction of the court. Anyhow, considering the tender age of the respondents 2 to 4, I am of the view that Rs.1500/- per month to the respondents 2 to 4 is so excessive at this stage. Therefore, the maintenance amount with regard to the minors is reduced to Rs.1000/- at present instead of Rs.1500/- each as awarded by the trial court.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To,
The Judicial Magistrate, Musiri.
+1CC to Mr. R.Rajaraman, Advocate SR.No. 40968.
+1cc to Mr.RM.Sivakumar Advocate SR.No.41127.
TS/30.08.2013/2P-4C
Crl.R.C.(MD)No.236 of 2013 19.08.2013
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3 issues framed by the court
Whether the maintenance amount awarded by the trial court should be modified due to the petitioner's daily income and the perceived excessiveness for minor children.
Whether the income of the petitioner, claimed as indefinite due to daily wage work, was properly proved to satisfy the court.
What modification should be made to the maintenance amount payable to the minor respondents.
2 provisions across 2 enactments
S. Chandrasekar
Malarkodi
Suganya
Priya
Chandru
A. Arumughaswamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
