Revision against a Family Court order granting monthly maintenance to wife and daughter after the husband obtained a divorce on desertion. The High Court set aside the wife's maintenance since she refused to live with him, enhanced the daughter's maintenance to Rs.15,000 per month and directed payment of arrears and educational expenses.
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.No.53 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
Crl.R.C.No.53 of 2024 and Crl.M.P.No.394 of 2024
Silambarasan ... Petitioner
Vs.
1.Ammu alias S.Jayapradha
2.Minor Sanaya Represented by her mother 1st respondent and natural guardian ... Respondents
Prayer : Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C, praying to allow this Criminal Revision and set aside the order dated 27.10.2023 passed in Maintenance Case No.22 of 2020 by the Family Court, Perambalur.
For Petitioner : Mr.P.Sesubalan Raja For Respondents : Mr.K.Balasubramaniam *****
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ORDER
This Criminal Revision Case is filed against the order of the learned Family Court, Perambalur dated 27.10.2023 in M.C.No.22 of 2020.
2. The case of the petitioner is that, the marriage of the petitioner/husband and the 1 st respondent/wife was solemnized on 22.01.2018 at Ammapalayam and the 2 nd respondent/daughter was born from and out of the wedlock between the petitioner and the 1 st respondent. Due to misunderstanding, the petitioner and the 1 st respondent are living separately. Thereafter, the petitioner filed divorce petition in H.M.O.P.No.141 of 2020 u/s 13(1)(i-a) of the Hindu Marriage Act before the Family Court, Tiruchirapalli seeking divorce on the ground of cruelty. In the mean time, the respondents have filed a maintenance case u/s 125 of Cr.P.C. in M.C.No.22 of 2020 on the file of Chief Judicial Magistrate, Perambalur and later, it was transferred to the Family Court, Perambalur, claiming total maintenance amount of Rs.65,000/- p.m. (i.e. Rs.40,000/- p.m. to the 1 st respondent and Rs.25,000/- p.m. to the 2 nd
respondent). Simultaneously, the trial was conducted and divorce was
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granted in favour of the petitioner on the ground of desertion on 27.10.2023 and in the maintenance case, the trial court has ordered Rs.15,000/- as monthly maintenance in favour of the 1 st respondent/wife and Rs.10,000/- as monthly maintenance in favour of the 2 nd respondent/daughter vide impugned order dated 27.10.2023. Aggrieved by the same, the present revision is filed by the petitioner/husband.
3. The learned counsel appearing for the petitioner submitted that petitioner is ready to pay maintenance to the 2 nd respondent/daughter, whereas, he is not liable to pay any maintenance to the 1 st respondent/wife, since the 1 st respondent refused to live with the petitioner and the said fact was established before the trial court in the divorce proceedings, based on which, the divorce was granted in favour of the petitioner. Accordingly, he prays for appropraite orders.
4. The learned counsel appearing for the respondents fairly submitted that the 1 st respondent is not inclined to receive any maintenance from the petitioner on the ground that she performed her second marriage in the year 2024. He further submitted that the
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maintenance awarded in favour of the 2 nd respondent is meagre and the petitioner has to take care of the 2 nd respondent. Accordingly, he prays for appropriate enhancement of maintenance amount in favour of the 2 nd respondent.
5. Heard the learned counsel appearing for the parties and perused the materials available on record.
7. A perusal of the entire records reveals that the petitioner has
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filed a divorce petition in H.M.O.P.No.141 of 2020 before the learned Family Court, Perambalur and the respondents have filed maintenance case in M.C.No.22 of 2020 seeking monthly maintenance for them. After trial, on 27.10.2023, divorce was granted in favour of the petitioner on ground of desertion and in the maintenance case, the trial court ordered a sum of Rs.15,000/- as monthly maintenance in favour of the 1 st respondent and Rs.10,000/- as monthly maintenance in favour of the 2 nd respondent vide impugned order dated 27.10.2023.
9. In the case on hand, it is seen from the order of the trial court
in divorce petition that the 1 st respondent has refused to live with the
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petitioner and on the said ground only, the trial court has granted divorce in favour of the petitioner. Therefore, the 1 st respondent is not entitled to receive any maintenance from the petitioner and accordingly, the monthly maintenance of Rs.15,000/- as ordered by the trial court vide impugned order dated 27.10.2023 passed in M.C.No.22 of 2020 is set aside.
10. Insofar as the monthly maintenance in favour of the 2 nd respondent is concerned, it is the duty of the petitioner to maintain the 2 nd respondent, since he is the father of the 2 nd respondent, even though divorce was granted in his favour. Further, the monthly maintenance awarded in favour of the 2 nd respondent by the trial court is on the lower side, hence, this Court enhances the monthly maintenance of the 2 nd respondent to a sum of Rs.15,000/-.
11. Therefore, the petitioner is directed to pay a sum of Rs.15,000/- as monthly maintenance to the 2 nd respondent/daughter on or before the 7 th day of every English Calendar month till she got married. Further, the petitioner is also directed to pay the entire arrears of maintenance at the rate of Rs.15,000/- p.m. to the 2 nd respondent within a
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period of four (4) weeks from the date of receipt of a copy of this order, less the amount, if any, already paid to the 2 nd respondent. The petitioner is further directed to bare the yearly educational expenditure of the 2 nd respondent, till she completes her studies.
12. With the above observations and directions, this Criminal
Revision Case is partly allowed. Consequently, the connected Criminal Miscellaneous Petition is closed.
01.07.2024
Index : Yes / No Speaking order / Non-speaking order NCC : Yes / No sp
To
The Family Court, Perambalur.
Page No.7 of 8 https://www.mhc.tn.gov.in/judis
Crl.R.C.No.53 of 2024
M.DHANDAPANI, J.
sp
Crl.R.C.No.53 of 2024
01.07.2024
Page No.8 of 8 https://www.mhc.tn.gov.in/judis
2 issues framed by the court
Whether the wife, whose refusal to live with the husband led to divorce on desertion, remains entitled to maintenance under Section 125 Cr.P.C.
Whether the maintenance awarded to the daughter was adequate.
3 provisions across 2 enactments
Silambarasan
Ammu alias S.Jayapradha
Minor Sanaya Represented by her mother 1st respondent and natural guardian
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
