Disposed¶20

A.Tamilvanan v. K.Gejalakshmi

Madras HC25 Mar 2025CRL RC/1252/2023

Case brief

AI extract

What is this about?

Madras High Court; Crl.R.C.No.1252 of 2023; P.Velmurugan J.; 25.03.2025; maintenance; Section 125 CrPC context (M.C. proceedings); Sections 397 & 401 CrPC revision; affidavit of assets and liability not produced; disability pension; rental income from commercial letting; bank account statement; order set aside and remitted to Judicial Magistrate-II, Madurantakam for fresh consideration; additional evidence permitted; disposed of.

What did the court decide?

Impugned maintenance order dated 25.05.2023 in M.C.No.1 of 2021 set aside; matter remitted to the Judicial Magistrate-II, Madurantakam for fresh consideration with liberty to adduce additional evidence; husband directed to file fresh assets and liability statement and Bank Account statement; revision petition disposed of accordingly. ¶20

A.Tamilvanan Vs K.Gejalakshmi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the maintenance order dated 25.05.2023 in M.C.No.1 of 2021 could stand where the revision petitioner/husband claims he has no means (only disability pension) while the respondent/wife asserts he has means, and no affidavit of assets and liability was produced before the Court below.

¶20

Court's answer

Since the revision petitioner/husband stated he has no means, the respondent/wife submitted he has means, and he has not produced the affidavit of assets and liability, the impugned order passed by the Court below is set aside and the matter is remitted back to the Judicial Magistrate-II, Madurantakam for fresh consideration.

¶20

Ratio / Principle

On remittance, the parties are at liberty to take additional evidence and produce relevant documents; the Court below shall give an opportunity of hearing to both parties; the revision petitioner/husband is directed to file a fresh assets and liability statement and produce the Bank Account statement; the issue is to be decided on merits in accordance with law and the case disposed of expeditiously.

¶20

Detailed headnote1 paragraphs

Maintenance – Criminal Revision under Sections 397 and 401 Cr.P.C. against order dated 25.05.2023 in M.C.No.1 of 2021 (Judicial Magistrate-II, Madurantakam) – Husband, stated to be handicapped and living on disability pension, contended wife left matrimonial home without valid reason and that she failed to prove his income; wife contended husband earlier earned Rs.30,000/-, left the job, owns a building let out commercially, and withheld his Bank Account – Court found husband claimed no means while wife asserted he had means, yet no affidavit of assets and liability was produced – Impugned maintenance order set aside and matter remitted to the Judicial Magistrate-II, Madurantakam for fresh consideration – Parties at liberty to lead additional evidence and produce documents; husband directed to file fresh assets and liability statement and produce Bank Account statement – Court below to hear both sides, decide on merits in accordance with law and dispose expeditiously – Revision petition disposed of (P.VELMURUGAN, J., 25.03.2025).

¶1

Crl.R.C.No.1252 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

Dated: 25.03.2025

¶4

Coram:

¶5

THE HONOURABLE MR.JUSTICE P.VELMURUGAN

¶6

Crl.R.C.No.1252 of 2023

¶7

Mr.A.Tamilvanan, S/o Mr.Arumugam .. Petitioner Vs.

¶8

Mrs.K.Gejalakshmi, D/o Mr.Kathan .. Respondent

¶9

Criminal Revision Case filed under Sections 397 and 401 of Cr.P.C. against the order dated 25.05.2023 passed in M.C.No.1 of 2021 on the file of the Judicial Magistrate-II, Madurantakam.

¶10

For petitioner : Mr.G.Mahesh Kumar

¶11

For respondent : Mr.V.Rajasekar

¶12

ORDER

¶13

The revision petitioner has filed the present revision petition challenging the order, dated 25.05.2023 passed by the Judicial Magistrate-II, Madurantakam in M.C.No.1 of 2021.

¶14

Learned counsel for the revision petitioner/husband submitted that the petitioner is a handicapped person. The respondent/wife left the matrimonial home without any valid reason and therefore, she is not entitled to maintenance.

¶15

Page No.1 / 4

¶16

https://www.mhc.tn.gov.in/judis

¶17

Crl.R.C.No.1252 of 2023

¶18

The respondent has not proved the income of the petitioner. The learned Magistrate failed to consider the materials and passed the impugned order of maintenance. The petitoner is getting only disability pension and except that, there is no other income.

¶19

Learned counsel for the respondent-wife submitted that the revision petitioner, before marriage, admitted that he was working and earning only Rs.30,000/- and subsequently, he left the job, but now he is having a building and he has let out the same for commercial purpose and getting income. He has failed to produce the Bank Account.

¶20

It is seen that the revision petitioner/husband has stated that he has no means and the respondent/wife submitted that the husband is having means. However, he has not produced the affidavit of assets and liability. Therefore, the impugned order passed by the Court below is set aside and the matter is remitted back to the Judicial Magistrate-II, Madurantakam for fresh consideration. The parties are at liberty to take additional evidence and also produce the relevant documents, if any. The Court below is directed to give an opportunity of hearing to both parties and the revision petitioner/husband is direted to file fresh assets and liability statement and also produce the Bank Account statement and decide the issue on merits and in accordance with law and dispose of the case expeditiously.

¶21

Page No.2 / 4

¶22

https://www.mhc.tn.gov.in/judis

¶23

Crl.R.C.No.1252 of 2023

¶24