High Court reduced the monthly maintenance awarded to a wife from Rs.12,000 to Rs.8,000 under Section 125 CrPC, noting the trial court awarded the higher amount without sufficient evidence of the husband's income.
The monthly maintenance payable by the petitioner to the respondent was reduced from Rs.12,000/- to Rs.8,000/-.
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.500 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.500 of 2018
Vincent Renod ... Petitioner/Respondent
Vs.
Meenakshi Veronica Rosary ... Respondent/Petitioner
PRAYER: Criminal Revision Case filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and set aside the order in M.C.No.30 of 2014 dated 13.06.2018 passed by the learned Additional Chief Judicial Magistrate, Madurai.
For Petitioner : Mr.S.Kameswaren For Respondent : Mr.R.Babu Jaganath
ORDER
This revision has been filed to set aside the order made in
M.C.No.30 of 2014 dated 13.06.2018 passed by the learned Additional Chief Judicial Magistrate, Madurai, thereby awarded maintenance as Rs.12,000/- per month payable by the petitioner in favour of the respondent herein.
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Crl.R.C(MD)No.500 of 2018
was solemnized on 10.01.2007 in Bangalore. Their marriage was love marriage, however, thereafter, there was misunderstanding between them and as such, the respondent was driven out from the matrimonial home and hence, she went to her parental house. Thereafter, she filed a petition for maintenance under Section 125 of Code of Criminal Procedure.
Court ordered monthly maintenance of Rs.12,000/- in favour of the respondent payable by the petitioner herein and allowed the petition. Challenging the same, the present revision.
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Crl.R.C(MD)No.500 of 2018
5.Heard the learned counsel appearing on either side and perused the materials available on record.
working as Vice-President in a private concern and drawing a salary of Rs.1,60,000/-, she failed to produce any evidence to show that the petitioner was drawing such salary, whereas the petitioner had deposed that he is working in a private company with salary of Rs.35,000/-. However, the Court below, without any material and evidence, awarded Rs.12,000/- as monthly maintenance payable by the petitioner to the respondent as it is fair and reasonable. Therefore, the respondent failed to prove the income of the petitioner before the trial Court.
was working in a private tourism company as Tour Guide and Language Specialists and while it was being so, the petitioner fell in love with the respondent and got married. They have no issues.
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and also the fact that the respondent is also aged about only 36 years. It is not at all possible that she is sitting in the home without going to any employment. Therefore, this Court feels that the maintenance amount awarded by the trial Court is high and it has to be reduced. Accordingly, the monthly maintenance of Rs.12,000/- is hereby reduced to Rs.8,000/- payable by the petitioner to the respondent. Accordingly, this Criminal Revision Case is disposed of.
28.04.2023
NCC : Yes/No Index : Yes/No rmk
To
1.The Additional Chief Judicial Magistrate, Madurai. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Crl.R.C(MD)No.500 of 2018
G.K.ILANTHIRAIYAN, J.
rmk
Order made in Crl.R.C(MD)No.500 of 2018
28.04.2023
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2 issues framed by the court
Whether the monthly maintenance of Rs.12,000/- awarded by the trial court should be reduced given the evidence presented.
What is the fair and reasonable amount of maintenance payable by the petitioner to the respondent.
2 provisions across 1 enactments
Vincent Renod
Meenakshi Veronica Rosary
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
