The Madras High Court reduced monthly maintenance from Rs.3,000 to Rs.2,000 payable by a petitioner who had been terminated and had an industrial dispute pending, down from the initial petition's request to set aside maintenance entirely.
Maintenance fixed at Rs.2,000 per month payable from September 2018 instead of the lower court's Rs.3,000.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2018
CORAM:
THE HON'BLE MR.JUSTICE N. ANAND VENKATESH
Criminal Revision Case No.1532 of 2011
and
M.P.No. 1 of 2011
Munusamy @ Chittibabu ... Petitioner ..Vs..
1.Rajeswari
2.Bhavani ...Respondents
PRAYER: Criminal Revision Petitions filed under Section 397 read with 401 of the Criminal Procedure Code, to set aside the order dated 27.08.2011 passed by the I Additional Family Court at Chennai and allow the Crl.R.C. and fix Rs.1500/- per month as a maintenance to the first respondent.
For Petitioner : Mr.R.Rajeshkumarr For Respondent 1 : Mr.K.P.Pugazendhi For Respondent 2 : Given up
This criminal revision petition has been filed by the husband aggrieved by the order of the I Additional Family Court, Chennai, in fixing the maintenance payable by the petitioner under Section 125 of Cr.P.C. at Rs.3,000/- per month to the respondent/wife.
e d
Sd/-
Assistant Registrar(CS-IV)
//True Copy//
Sub Assistant Registrar
nmm
To
The I Additional Family Court, Chennai.
Criminal Revision Case No.1532 of 2011 and M.P.No. 1 of 2011
PP(CO) EU(27/08/2018)
2 issues framed by the court
Whether the high court can modify the maintenance amount fixed by the family court considering the petitioner's financial incapacity and termination from service.
Whether the maintenance petitioner can claim exemption from paying maintenance due to their pending industrial dispute and lack of income.
2 provisions across 1 enactments
Munusamy @ Chittibabu
Rajeswari
Bhavani
N. ANAND VENKATESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
