The Criminal Revision Court enhanced the maintenance awarded to the wife and minor child. Finding the original order insufficient, the Court increased the amount to Rs. 2,500 per month for each petitioner.
Enhanced maintenance to Rs. 2,500 per month for each petitioner; directed deposit of arrears.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
CRL.R.C. NO. 905 OF 2014
...Petitioners
(Minor second petitioner through his mother and next friend the first petitioner)
Vs.
Rafiqu Khan
... Respondent
Criminal Revision filed under Section 397 read with Section 401 of Code of Criminal Procedure to enhance the maintenance order passed by the Judicial Magistrate, Sankarapuram made in M.C. No. 7 of 2013 dated 27.06.2014 from Rs.2,000/- to Rs.5,000/- to the First Respondent and Rs.1,000/- to Rs.5,000/to the Second Petitioner totally a sum of Rs.3,000/- to Rs.10,000/- to the Petitioners from date of petition in M.C. No. 7 of 2013.
For Respondent : No appearance
This Criminal Revision case has been filed for setting aside the order in MC.No.7 of 2013 dated 27.06.2014 passed by the learned Judicial Magistrate, Sankarapuram.
The first Petitioner and the respondent are wife and husband and the second petitioner is their son. The marriage of the first petitioner and the respondent was solemnized on 06.10.2011 as per Muslim Religious rites at Athur. At that time of marriage, the first petitioner had given 20 sovereigns of gold and Rs.2,00,000/- in cash and 2 1/2 sovereigns of gold ornaments to the respondent. After marriage, the petitioner was living in
the matrimonial house. Due to the wedlock, the second petitioner was born. After the marriage, disputes and misunderstanding arose between the spouses. Therefore, the petitioners have filed a petition under Section 125 of Cr.P.C., claiming a sum of Rs.10,000/- per month for food and Rs.25,000/- per annum for maintenance, before the learned Judge, Sankarapuram in M.C.No.7 of 2013. After hearing the arguments and on a perusal of the materials, the said maintenance petition was allowed and awarded a sum of Rs.2,000/- per month to the first petitioner and Rs.1,000/- to the second petitioner as maintenance. As against the order of learned Judicial Magistrate, Sankarapuram, dated 27.06.2014, the petitioners have filed the present Revision Case before this Court for enhancement of the maintenance amount.
the legal status of the first petitioner as well as the respondent has to be decided only by the competent civil forum and not by this Court. Hence, without expressing any opinion in respect of the marriage of the first petitioner with the respondent, this Court is inclined to dispose of the present revision case. However, this Court has to decide whether any justification denying the maintenance of the petitioners. In order to prove the marriage and the relationship between the the first petitioner and the respondent, she has produced the marriage certificate dated 06.10.2011 before the trial Court. Under such circumstances, the said document is sufficient to pay the maintenance in respect of the first petitioner and she is entitled to get maintenance from the respondent. The trial Court awarded a sum of Rs.2,000/- per month to the first petitioner and Rs.1,000/- to the second petitioner, which is very low as the cost of living prevailing as on date. Hence, this Court is inclined to interfere with the order passed by the learned Judicial Magistrate, Sankarapuram in MC.No.7 of 2013 dated 27.06.2014. Accordingly, the respondent is directed to pay a sum of Rs.2,500/- per month to each of the petitioners towards maintenance on or before fifth day of every English Calender month without any default. The respondent is further directed to deposit the entire arrears of maintenance as fixed by this Court, less the amount, if any, already deposited within a period of four weeks from the date of receipt of a copy of this order.
Sd/-
Assistant Registrar(CS-II)
//True Copy//
Sub Assistant Registrar
rli
To 1. The Judicial Magistrate, Sankarapuram. 2. -do- through The Chief Judicial Magistrate, Villupuram.
Crl.R.C. No. 905 of 2014
VBM(CO) RLP(16/12/2021)
2 issues framed by the court
Whether the maintenance amount awarded by the trial court of Rs. 2,000 to the first petitioner and Rs. 1,000 to the minor child is adequate given the cost of living.
Whether the trial judge's assessment of maintenance is unsustainable and requires enhancement.
2 provisions across 1 enactments
Ilavarasi @ Meharunnisa
Minor Mohammed Ashadh Khan
Rafiqu Khan
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
