Husband challenged maintenance awarded to wife and child despite divorce granted on grounds of cruelty. Court held cruelty-based divorce does not deny maintenance absent proof wife can maintain herself or lives in adultery. Maintenance upheld; arrears to be paid in seven installments after trial court calculation.
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Crl.RC.No.941 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.RC.No.941 of 2024 and Crl.MP.No.7911 of 2024
N.Unnikrishnan
...Petitioner
Vs.
...Respondents
Criminal Revision case filed under Section 397 r/w 401 of Cr.P.C. to set aside the order made in MC.No.348 of 2013 dated 25.11.2022 on the file of the V Additional Principal Family Court, Chennai.
For Petitioner : Ms.Thenmozhi Shivaperumal
ORDER
This Criminal Revision Case has been filed seeking quashment of
the order made in MC.No.348 of 2013 dated 25.11.2022 on the file of the
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V Additional Principal Family Court, Chennai.
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and directed the petitioner to pay the arrears at the above said rate, which is wholly unsustainable. She further more submitted that, the petitioner is ready to pay the balance amount of Rs.9,00,000/- as ordered by the trial court and sought for direction of this Court granting time to the petitioner to pay the same by way of nine installments.
and the 1 st respondent. The 1 st respondent is the wife and out of their wedlock, they were blessed with the 2 nd respondent. It is to be pointed out that it is the duty of the husband to maintain his wife and child and the comforts, which were available to the spouse and child should not be lost due to the friction between the warring parties. Only to that end, Section 125 Cr.P.C. was brought into the statute. In such a backdrop, it becomes the duty of the husband to maintain his wife and child.
petition filed by the petitioner/husband is allowed on the ground of cruelty, directing the petitioner/husband to pay maintenance to the 1st
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respondent/wife is not sustainable that too ordering for a monthly maintenance of Rs.25,000/- in favour of the 1st respondent/wife is wholly unsustainable.
be a ground to deny maintenance to the wife. The court below, Page No.5 of 9
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appreciating the above in proper perspective, has granted maintenance, in which, this Court does not finds any fault with and thereby, this court is not inclined to interfere with the same.
(i) The petitioner is directed to file a calculation memo before the trial court and upon filing of such memo, the trial court after affording sufficient opportunity to the parties, shall arrive at the total arrears payable by the petitioner and shall direct the petitioner to pay the balance of arrears of maintenance by way of seven installments;
(ii) The petitioner shall continue to pay the maintenance as ordered by the trial court in favour of the respondents on or
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before the 7th day of every English Calendar month;
(iii) Insofar as the 2nd respondent is concerned, the petitioner shall pay the maintenance only till the 2nd respondent attains majority. If the 2nd respondent had already attained majority, the petitioner would not be liable to pay any maintenance from the date of attainment of majority by the 2nd respondent;
(iv) Further, it is made clear that, the amount paid by the petitioner in favour of the respondents till date by way of interim maintenance shall be deducted from the total arrears of maintenance payable by the petitioner in favour of the respondents from the date of maintenance petition till date in favour of the 1st respondent and till the 2nd respondent attains majority, infavour of the 2nd respondent, while calculating the total arrears amount payable by the petitioner.
Revision Case stands disposed of accordingly. Consequently, the connected miscellaneous petition is closed.
10.06.2024
skt
Index : Yes/No
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Speaking order : Yes/No NCC : Yes/No
M.DHANDAPANI, J.
skt
To
The V Additional Principal Family Court, Chennai.
Crl.RC.No.941 of 2024 and Crl.MP.No.7911 of 2024
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Crl.RC.No.941 of 2024
10.06.2024
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2 issues framed by the court
Whether divorce granted on ground of cruelty disqualifies the wife from maintenance under Section 125 Cr.P.C.
How arrears of maintenance should be calculated and paid by the husband.
2 provisions across 1 enactments
N.Unnikrishnan
Deepa Rajendiran
Naveen
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
