Revision against a Family Court order awarding Rs.13,000 monthly maintenance each to wife and son. The High Court found no proof of adultery and reduced maintenance to Rs.10,000 per respondent prospectively, retaining Rs.5,000 for arrears, and permitted a modification petition if divorce on adultery grounds succeeds.
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Crl.RC.No.1684 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.07.2024
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
Crl.RC.No.1684 of 2023 and Crl.MP.No.15987 of 2023
A.Manohar
...Petitioner
Vs.
Petition filed under Section 397 and 401 of Cr.P.C. to call for the records in MC.No.59 of 2019 dated 12.09.2022 on the file of the VI Additional Principal Family Court at Chennai and set aside the same.
For Petitioner : Mr.A.Manohar (Party – in – Person)
For Respondents : Mr.C.Prakasam
ORDER
This Criminal Revision case has been filed to set aside the order
passed by the VI Additional Principal Family Court at Chennai in MC.No.59 of 2019 dated 12.09.2022.
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relevant point of time, the petitioner was working in China, however, subsequently, he resigned his job on 17.09.2018 and currently he is
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unemployed and he is completely relying upon the rental income which amount to Rs.50,000/- and using the said income, the petitioner has to take care of himself and his age old parents. While so, without considering the financial capacity of the petitioner, the trial court had ordered for a payment of Rs.26,000/- towards monthly maintenance in favour of the respondents, which is more that 50% of the income received by the petitioner, which is wholly erroneous. He further submitted that, the respondents are residing in the petitioner's property which would easily fetch around Rs.50,000/- rent. Further, the 1st respondent is living in adultery and thereby, the petitioner filed a divorce petition in OP.No.4539 of 2018 and the same is pending and therefore, the 1st respondent is not entitled to receive any maintenance at the hands of the petitioner. However, without considering any of the said facts, the trial court had awarded a monthly maintenance of Rs.13,000/- to each of the respondents which is wholly unsustainable. Accordingly, he prayed for appropriate orders.
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consideration the assets and liability and monthly income of the petitioner and also considering the fact that after separation, the children are under the care and custody of the respondent/wife, had passed the present impugned order awarding a total monthly maintenance of Rs.26,000/- and the same does not require any reduction. Accordingly, he prayed for dismissal of this petition.
5. Heard the petitioner/party-in-person and the learned counsel for the respondents and peursed the material documents placed on record.
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be only on the ground that wife is able to maintain herself and she has the requisite means to maintain herself and that she is living in adultery and where the person, who offers to maintain his wife on condition of her living with him and she refuses to live with him, only on such of those grounds, maintenance could be negatived against the wife.
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unemployed and the only source of income for him is the rental income to the tune of about Rs.50,000/-, using which he has to take care of himself and his age old parents, directing the petitioner to pay more than 50% of his income towards monthly maintenance of the respondents would be unjust and therefore, in the interest of either parties, this Court is of the considered view that the monthly maintenance requires to be reduced.
monthly maintenance awarded by the trial court in favour of the respondents in the following terms :-
(i) the petitioner is directed to pay a sum of Rs.5,000/- as monthly maintenance in favour of each of the respondents from the date of maintenance petition till 12.09.2022. Thereafter, the petitioner shall pay a monthly maintenance of Rs.10,000/- to each of the respondents and shall continue to pay the said amount on or before the 7 th day of every English Calendar month to the respondents;
(ii) the petitioner is directed to pay the arrears of maintenance amount at the rate of Rs.5,000/- from the date of maintenance petition till 12.09.2022 and thereafter, the petitioner shall pay the balance arrears of maintenance at the
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rate of Rs.10,000/- as ordered by this court, less than the amount if any already paid, to the respondents within a period of four weeks from the date of receipt of a copy of this order.
(iii) Further, the petitioner is at liberty to file appropriate modification petition before the trial court if the divorce petition filed by him is allowed on the ground of adultery.
30.07.2024
skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No
To
The VI Additional Principal Family Court, Chennai.
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M.DHANDAPANI, J.
skt
Crl.RC.No.1684 of 2023 and Crl.MP.No.15987 of 2023
30.07.2024
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2 issues framed by the court
Whether the monthly maintenance awarded to the wife and minor son should be reduced given the husband's claimed unemployment and rental income.
Whether the wife's alleged adultery disentitled her to maintenance.
2 provisions across 1 enactments
A.Manohar
Geeta Lakshmi
Minor M.Mithun (Represented by Mother and Natural Guardian, Mrs.Geetha Lakshmi)
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
