Disposed¶37

Devi @ Mahadevi v. Baskar

Madras HC20 Nov 2025CRL RC/1787/2025

Case brief

AI extract

What is this about?

Criminal revision; maintenance enhancement; MC.No.2/2019; Judicial Magistrate Court Polur; order dated 13.03.2024; ex-serviceman pension attachment; auto debit of Rs.20,000/-; enhanced maintenance Rs.20,000/- per month; wife Rs.8,000/-; children Rs.6,000/- each; payment by 10th of English calendar month; interim maintenance I.A.No.8 of 017 in HMOP No.38 of 2011; marriage 14.09.2005; Thiruvannamalai; T.V. Thamilselvi J.

What did the court decide?

Criminal revision disposed of with maintenance enhanced to Rs.20,000/- per month (Rs.8,000/- to the wife, Rs.6,000/- to each child), payable on or before the 10th of every English calendar month; on default, the respondent's pension account to be attached with auto-debit of Rs.20,000/- credited to MC.No.2 of 2019. ¶37

Devi @ Mahadevi Vs Baskar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the monthly maintenance of Rs.11,000/- fixed by the Judicial Magistrate Court at Polur in MC.No.2/2019 should be enhanced in favour of the petitioners.

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Court's answer

The Court found that the respondent is an ex-serviceman receiving pension and also having retirement benefits, which inclined it to enhance the maintenance.

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Ratio / Principle

Monthly maintenance is enhanced from Rs.11,000/- to Rs.20,000/- per month.

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Key takeaways

Apportionment of the enhanced maintenance: Rs.8,000/- to the first petitioner/wife and Rs.6,000/- each to the children.ratio¶34
The maintenance amount is to be paid on or before the 10th of every English calendar month.ratio¶34
Enforcement direction: on failure to pay maintenance, the respondent's pension account will be attached and Rs.20,000/- auto debited and credited to MC.No.2 of 2019 before the Judicial Magistrate Court at Polur.ratio

Detailed headnote1 paragraphs

Madras High Court (T.V. Thamilselvi J.) disposed of CRL RC No. 1787 of 2025, a criminal revision by the wife and two minor children against the order dated 13.03.2024 in MC.No.2/2019 of the Judicial Magistrate Court, Polur, which had awarded Rs.11,000/- per month as maintenance. Noting that the respondent-husband is an ex-serviceman receiving pension and retirement benefits, the Court enhanced maintenance to Rs.20,000/- per month — Rs.8,000/- to the wife and Rs.6,000/- to each child — payable on or before the 10th of every English calendar month. On default, the respondent's pension account is liable to be attached, with Rs.20,000/- auto debited and credited to MC.No.2 of 2019. Earlier, interim maintenance of Rs.5,000/- each ordered in I.A.No.8 of 017 in HMOP No.38 of 2011 went uncomplied with, leading to dismissal of the HMOP.

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CRL RC No. 1787 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20-11-2025

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI

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CRL RC No. 1787 of 2025

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Devi @ Mahadevi W/o. Mr. Baskar,

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Minor Manisha D/o. Mr. Baskar

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Minor.Sakesh Kumar S/o.Mr. Baskar, 2nd and 3rd petitioners are minor and Rep by her mother and natural guardian, mrs. Devi @ Mahadevi, the 1st petitioner herein All are residing at Melayampettai Village, Kalambur Post, Polur taluk, Thiruvannamalai District.

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Petitioner(s)

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BASKAR S/O. Gunasekaran, Bajanaikovil Street, Krishnavaram Village, Polur Taluk, Thiruvannamalai District

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Respondent(s)

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CRL RC No. 1787 of 2025

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PRAYER

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To set aside the order partly allowing of the maintenance application in MC.No.2/2019 dated 13.03.2024 passed by the Learned Judicial magistrate Court at Polur and thereby allow the Criminal Revision petition to enhance the maintenance amount to the petitioners.

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CRL RC No. 1787 of 2025 For Petitioner(s): R. Suryaprakash

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

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CRL RC No. 1787 of 2025

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S. Balasubramanian D. Maragathavalli D. Velmurugan D. Rameshkumar For Respondent(s): Court Notice Service Awaited For Sole Respondent Private Notice Permitted - Proof Not Filed M/s.S.Manisha S.Mohan V.Ganapathi M.Thiyagarajan Mediation Report Received File No.1558/25 Dt.19.11.25

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ORDER

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This petition is filed to call for the records relating to set aside the order

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partly allowing of the maintenance application in MC.No.2/2019 dated 13.03.2024 passed by the Learned Judicial Magistrate Court at Polur and thereby allow the Criminal Revision petition to enhance the maintenance amount to the petitioners.

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The facts of the case is that the first petitioner married the respondent on 14.09.2005 as per Hindu rites and customs. Out of the said wedlock two children was born to them who are second and third petitioners . It is alleged that the respondent behaved more violently with the first petitioner /wife and ill-treated her. Due to which she was thrown out from the matrimonial home. Thereafter, the first petitioner filed HMOP No. 38 of 2011 and when the same is

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

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CRL RC No. 1787 of 2025

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pending the first petitioner filed I.A.No.8 of 017 in HMOP No.38 of 2011, wherein the learned has ordered a interim maintenance of Rs.5,000/- each to the first petitioner/wife and the children. However, the respondent has not complied with the same, due to which the HMOP was dismissed. Thereafter, the petitioner filed MC.No.2/2019 on the file of the Learned Judicial Magistrate Court at Polur wherein a sum of Rs.11,000/- per month was ordered as monthly maintenance. Challenging the same the petitioners have come up with this petition.

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The learned counsel for the petitioner submits that there was default in

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payment of arrears of maintenance amount. He further submitted that the petitioner is not taking care of the children and also failed to appear before the Court below. Hence prays to enhance the maintenance amount.

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The learned counsel for the respondent submits that the learned Judge without properly taking note of the income of the petitioner has passed the impugned order. He further submitted that the respondent is ready and willing to live with the first petitioner and the first petitioner/wife deliberately wanted to harass the respondent, due to which she is filing the cases against the respondent. Hence, prays to allow this petition.

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Heard both sides and perused the materials available on record.

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

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CRL RC No. 1787 of 2025

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On a perusal of the impugned it is seen that the Court below has ordered a maintenance of Rs.11,000/- to the respondents. It is also seen that the respondent is a ex-service man and receiving pension and also he is having retirement benefits. Hence, this Court is inclined to enhance the maintenance amount at Rs.20,000/- per month. The first petitioner/wife is entitled for a sum of Rs.8,000/- and the children are entitled for a sum of Rs.6,000/- each. It is made clear that the maintenance amount should be paid on or before 10^th of every english calender month.

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It is made clear, that if the respondent fails to pay the maintenance

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amount, the pension account of the respondent will be attached and a sum of Rs.20,000/- will be auto debited from his account and credited to the MC.No.2 of 2019 on the file of the Learned Judicial Magistrate Court at Polur.

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