R.Premkummar v. P.Hema
Case brief
What is this about?
Held the impugned order regarding child maintenance was not perverse but modified the monthly amount from Rs.20,000 to Rs.15,000, allowing the revision partly.
What did the court decide?
Order of family court modified: maintenance fixed at Rs.15,000 per month instead of Rs.20,000.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.01.2021
CORAM:
THE HON'BLE Mr. JUSTICE P.VELMURUGAN
Criminal Revision Case No.611 of 2019 and Crl.MP.Nos.8400 & 14437 of 2019
R.Premkummar ... Petitioner/Respondent ..vs.. 1.P.Hema 2.Sai Ritik (Minor) Represented by mother and natural guardian P.Hema ... Respondents/Petitioners
Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to call for the records in F.C.M.C.No.73 of 2017 on the file of the Family Court, Vellore and set aside the order dated 10.05.2019 directing the revision petitioner to pay a sum of Rs.20,000/- per month to the minor 2nd respondent towards monthly maintenance from the date of filing of the petition and to pay the arrears maintenance amount within one month from the date of order.
For Petitioner : Mr.S.Suresh
For Respondents : Mr.K.R.Sampath
for M.Senthil Vadivu
for R1
O R D E R
This Criminal Revision Case has been filed against the order dated 10.05.2019 passed in F.C.M.C.No.73 of 2017 on the file of the Family Court, Vellore.
- According to the petitioner, the marriage between the petitioner and the 1st respondent was solemnized in the year 2013 and out of their wedlock a female child was born. Subsequently, the petitioner and the first respondent were living separately. The second respondent is under the care and custody of her mother/first respondent. Therefore, the respondents 1 and 2 herein filed F.C.M.C.No.73 of 2017 under Section 125(1)(a), 1(b)
Issues for consideration
2 issues framed by the court
Whether the maintenance amount awarded for the minor child requires modification given the mother's sufficient income and the joint liability of parents.
Whether the lower court's order accepting sufficient income of the first respondent as ground to deny her maintenance but award child maintenance is perverse.
Parties & counsel
- petitioner
R. Premkummar
- respondent
P. Hema
- respondent
Sai Ritik
Coram
Case details
As recorded by the court registry
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