The High Court modified the Family Court's maintenance order, reducing the monthly sum payable by the petitioner-mother from Rs. 10,000 to Rs.7,500 for the minor respondent, citing excessive expenditure claims against the parents' income.
Order dated 10.01.2020 modified; monthly maintenance reduced from Rs.10,000 to Rs.7,500 payable by petitioner.
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.
Crl.RC.No.247 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.11.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.RC.No.247 of 2020
Cecily Rani ... petitioner
Vs.
Minor.Infact Bosco Represented by next friend father K.Madhalai Arokiasamy ... Respondent
PRAYER:
Criminal Revision filed under Section 397 r/w 401 of Code of Criminal Procedure, to allow the criminal revision petition by setting aside the order dated 10.01.2020 made in MC.No.61 of 2018 on the file of the Family Court, Dharmapuri.
For Petitioner : Mr.V.Sakkarapani
For Respondent : Mr.R.Selvakumar
ORDER
This criminal revision is filed as against the order passed in MC.No.61 of 2018 dated 10.01.2020 on the file of the Family Court, Dharmapuri, thereby ordered monthly maintenance of Rs.10,000/- payable by
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the petitioner in favour of the respondent from the date of filing of the maintenance petition.
Crl.RC.No.247 of 2020
expenditure could not be possible to the tune of Rs.10,000/- for a school going child. His father is also a teacher and is earning a reasonable salary and he could able to maintain the minor respondent. Only on his instigation, the minor son has filed this petition for maintenance. He also pointed out that the expenditure stated in the petition is exorbitant one and the respondent also failed to produce any evidence to show that he is under a caretaker and no certificate was marked before the trial court to substantiate the same. Therefore, the monthly maintenance ordered by the trial court is very high and the same is liable to be set aside.
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and Mr.R.Selvakumar, the learned counsel for the respondent.
respondent. Due to misunderstanding, they got separated and are living separately. Though both of them filed divorce petition, both were dismissed. However, the respondent's father filed appeal and the same was allowed. That apart, admittedly both are working as Post Graduate Assistant Teacher in a private school. Both are earning a reasonable salary of more than Rs.70,000/-. Though the respondent's father filed suit in respect of the property purchased by him in the name of the petitioner, the same was dismissed. However, the minor son is entitled for maintenance from his own mother and father. The trial court calculated the monthly maintenance of Rs.20,000/- to be shared by both the father and the mother and awarded Rs.10,000/- payable by the petitioner as monthly maintenance. Further, the minor respondent is aged about 15 years. At any cost, the maintenance would not come to the tune of Rs.20,000/- per month for a 10th std boy. Therefore, this Court is inclined to reduce the monthly maintenance payable by the petitioner from Rs.10,000/- to Rs.7,500/-.
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Crl.RC.No.247 of 2020
14.11.2022
Speaking/non-speaking Index : Yes/No Internet : Yes lok
Crl.RC.No.247 of 2020
G.K.ILANTHIRAIYAN, J.
lok
To
The Family Court, Dharmapuri.
Crl.RC.No.247 of 2020
14.11.2022
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3 issues framed by the court
Whether the monthly maintenance of Rs. 10,000/- awarded by the Family Court payable by the mother was excessive and required reduction.
Whether the mother was liable to share maintenance expenses given mutual separation and divorce proceedings.
Whether the quantum of maintenance should be reduced to Rs. 7,500/- considering the minor's age and parental income.
1 provisions across 1 enactments
Cecily Rani
Bosco
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
