Ashraf v. a.S.Melan
Case brief
What is this about?
The petitioner sought to quash an order directing him to pay monthly maintenance to his wife and minor child. The High Court noted the petitioner's income and the wife's employment, finding no irregularity in the lower court's order and dismissed the petition.
What did the court decide?
The Criminal Original Petition was dismissed and the connected Criminal Memorandum of Petition was closed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.02.2019 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.20386 of 2018 and Crl.MP.No.10937 of 2018
Ashraf, S/o.Kamal Alisha, Aged 34 years, 5/10, K.K.Nagar, Thiyagadurgam, Villupuram District. ... Petitioner Vs. 1.A.S.Melan D/o.K.Abdul Sulthan, 1, Periyasamy Nagar, Gundu Uppalavadi, Manjakuppam, Cuddalore.
2.Minor Hajiya Begum, S/o.K.Asraf, Rep. by Mother/Guardian ... Respondents
Criminal Original Petition filed under Section 482 Cr.P.C., to set aside the order dated 11.04.2018 passed in Crl.R.C.No.30/2016 on the file of the Principal Sessions Judge, Cuddalore confirming the order dated 12.08.2016 passed in M.C.No.51/2014 on the file of the Chief Judicial Magistrate Court, Cuddalore directing the petitioner to pay the maintenance of Rs.10,000/- each to the respondents.
For Petitioner :Mr.I.C.Vasudevan
For Respondents:Mr.Prakash Adiapadam
O R D E R
The petitioner challenging the order in Crl.R.C.No.30/2016 passed by the Principal Sessions Judge, Cuddalore, confirming the order dated 12.08.2016 passed in M.C.No.51/2014 on the file of the Chief Judicial Magistrate Court, Cuddalore, directing the petitioner to pay a sum of Rs.10,000/- each, to the respondents as maintenance .
2.The learned counsel appearing for the petitioner would submit that the petitioner's take home salary is only
Issues for consideration
2 issues framed by the court
Whether the High Court ought to interfere with the Sessions Court order confirming maintenance of Rs.10,000/- each to the wife and minor child.
Whether the ordered maintenance amount warrants interference given the petitioner's income and the wife's employment.
Parties & counsel
- petitioner
Ashraf
- respondent
A.S.Melan
- respondent
Hajiya Begum
Coram
Case details
As recorded by the court registry
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