The Madras High Court modified a family court order reducing the wife's maintenance from Rs.7,000 to Rs.4,000 monthly due to her employment and income, while terminating maintenance for the son who had attained majority.
Maintenance reduced to Rs.4,000 monthly for the wife; maintenance for the son terminated.
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.R.C(MD)No.30 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C(MD)No.30 of 2022
Krishnamoorthy
... Petitioner/Respondent Vs.
1.Suganthi
... Respondents/Petitioners
2.Minor.Jashvanthkumar ... Respondents/Petitioners (Represented by his mother the first respondent
Prayer: This Criminal Revision Case filed under Section 397(2) r/w 401 Cr.P.C., to call for the records and set aside the order of the trial Court dated 31.08.2021 in M.C.No.6 of 2019 on the file of Family Court, Ramanathapuram and dismiss the same.
For Petitioner : Mr.V.Raghavachari For Respondents : No appearance
O R D E R
This Revision Petition has been filed against the order dated 31.08.2021 made in M.C.No.6 of 2019 on the file of the Family Court, Ramanathapuram, wherein, the learned trail Judge directed the petitioner to pay a sum of Rs.7,000/- as maintenance to the first respondent and pay a sum of Rs.6,000/- as maintenance to the second respondent herein.
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Crl.R.C(MD)No.30 of 2022
Rs.5,000/-. Therefore, the admitted fact need not to be proved. However, the Court below concluded that the said amount is not enough to maintain herself/first respondent and her son/second respondent. Therefore, trial Court ordered a sum of Rs.7,000/- as maintenance to the first respondent and a sum of Rs.6,000/- as maintenance to the second respondent, till he attains the age of majority. Now, the second respondent attained majority and therefore, the maintenance awarded to the second respondent has now come to an end.
6.In view of the above observation, the order of the trial Court dated 31.08.2021 in M.C.No.6 of 2019 is modified to the effect that the petitioner is directed to pay a sum of Rs.4,000/- per month as maintenance to the first petitioner alone.
With the above modification, this Criminal Revision Petition is partly allowed.
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
tta
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
The Judge, Family Court, Ramanathapuram.
COPY TO:-
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies)
+1 CC to M/s.V.RAGHAVACHARI, Advocate (SR-13947[F] dated 23/03/2022) Crl.R.C.(MD)No.30 of 2022 22.03.2022
gm(CO)GC(27.04.2022) 2P 5C
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3 issues framed by the court
Whether the maintenance amount awarded to the working wife exceeds her reasonable needs.
Whether maintenance should be awarded to a child who has attained the age of majority.
Whether the trial court's maintenance order requires modification.
1 provisions across 1 enactments
Krishnamoorthy
Suganthi
Jashvanthkumar
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
