Disposed

C.Manikandan v. Usha

Madras HC23 Mar 2015CRL OP/7078/2015

Case brief

AI extract

What is this about?

The petitioner, facing reduced earning capacity due to disability, sought to set aside a maintenance order via an original petition. The court held it cannot alter evidence or quantum under Section 482 Cr.P.C. and directed the petitioner to approach the Magistrate under Section 127 Cr.P.C. for the revision.

What did the court decide?

The petitioner was granted liberty to file a petition under Section 127 Cr.P.C. before the Magistrate for alteration of maintenance; the petition is disposed of.

C.Manikandan Vs Usha — Maintenance and Alimony | Madras HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 23.03.2015

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CORAM

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THE HON'BLE MR. JUSTICE R.S.RAMANATHAN

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Crl.O.P.No.7078 of 2015 and M.P.Nos.1 and 2 of 2015

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C.Manikandan ...Petitioner

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vs.

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Usha 2. Minor Duraimurugan (R2 rep. by guardian and next friend R1) ...Respondents

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Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to set aside the order dated 06.01.2015 passed in Crl.R.P.No.12 of 2014 on the file of the District and Sessions Court, Villupuram whereby confirming the order passed in M.C.No.5 of 2007 dated 01.08.2013 on the file of the Judicial Magistrate No.1, Ulundurpet, Villupuram District.

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For Petitioner : Mr.C.Prakasam O R D E R

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This Petition is filed against the order passed in Crl.R.P.No.12 of 2014 on the file of the Principal District and Sessions Court, Villupuram confirming the order of the learned Judicial Magistrate No.1, Ulundurpet in M.C.No.5 of 2007.

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2.It is submitted by the learned counsel for the petitioner that the learned Magistrate awarded maintenance of Rs.750/- to the wife/1^st respondent and Rs.500/- to the son/ 2^nd respondent from the date of filing of the petition on the basis that the petitioner is a mason and is getting daily wages of Rs.600/-. The said order was confirmed by the learned Principal District and Sessions Judge, Villupuram in Crl.R.P.No.12 of 2014. He further submitted that after the order was passed, the petitioner met with an accident and he sustained disability of 65% and he is not able to work as mason and earn his livelihood. He therefore argued that the order passed by learned Judicial Magistrate No.1, Ulundurpet, Villupuram District in M.C.No.5 of 2007 dated 01.08.2013 confirmed by the learned District and Sessions Judge, Villupuram in Crl.R.P.No.12 of 2014 dated 06.01.2015 are liable to be set aside.

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https://hcservices.ecourts.gov.in/hcservices/

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3.According to me, under Section 127 Cr.P.C., the petitioner can approach the learned Magistrate for alteration of maintenance by giving particulars regarding the change of circumstances and before the learned Magistrate, the petitioner is also entitled to lead the evidence to the effect that he has sustained 65% disability and lost the earning capacity. This Court exercising the power under Section 482 Cr.P.C., cannot take evidence and alter the maintenance. Hence this Criminal Original Petition is disposed of with a liberty to the petitioner to file a petition under Section 127 Cr.P.C., before the learned Magistrate for alteration of maintenance. Consequently connected miscellaneous petitions are closed.

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ssd
s/d-
Assistant Registrar(CO)
Dt: 26/3/2015
True Copy
Sub-Assistant Registrar
To
1) The District and Sessions Court,
Villupuram
2) The Judicial Magistrate No.1, Ulundurpet,
Villupuram District.
3) The Public Prosecutor,
High Court, Madras.
+ 1 cc to Mr.C.Prakasam, Advocate SR 16406
(co)
prk26/3
Crl.O.P.No.7078 of 2015
and M.P.No.1 and 2 of 2015

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https://hcservices.ecourts.gov.in/hcservices/

C.Manikandan v. Usha

Case brief

What is this about?

What did the court decide?

C.Manikandan v. Usha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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