J.Samuel Vijayapathy Vs S.Gnanasulakshana

2.Minor Evangelin Louizah Residing at Door No. 21/65, Brindhavan Circle, Kuniamuthur, Coimbatore 641 008. 3.Minor Mitchell Jacob (Minor 2 and 3 are rep by their Mother/ Natural Guardian S. Gnanasulakshana) Residing At Door No. 21/65, Brindhavan Circle, Kuniamuthur, Coimbatore 641 008

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Respondents

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1/7

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

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CRL RC No. 2266 of 2025

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PRAYER: This Criminal Revision case has been filed under Section 397 r/w 401 of Cr.P.C, to call for records and set aside the order dated 15.09.2021 passed in M.C.No.224 of 2018 passed by the Court of the learned Judge, Additional Family court at Coimbatore.

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For Petitioner(s): Ms. Amudha

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For Respondent(s): Mr.M.Sabari Rajan

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ORDER

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This Criminal Revision Case has been filed to set aside the order dated

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15.09.2021 in M.C.No.224 of 2018 passed by the Additional Principal Family

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Court, Coimbatore. The learned Judge has ordered maintenance of Rs.15,000/-

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per month to the respondents, the petitioner before this Court.

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The case of the petitioner is that the marriage between the

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petitioner/husband and the 1st respondent/wife was solemnized on 12.02.2010

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at CSI Nalmeyyappar Church, Palayamkottai, Tirunelveli. Out of wedlock, 2 children were born to them. Due to some misunderstanding, the petitioner and

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the 1st respondent was living separately from the year 2012 onwards.

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Thereafter, the 1st respondent/wife has filed a maintenance case under Section

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

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CRL RC No. 2266 of 2025

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125 (1)(a)(b) of Cr.P.C., in M.C.No.224 of 2018 on the file of learned

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Additional Principal Family Court, Coimbatore, claiming a maintenance amount of Rs.35,000/- per month. After adjudication, the trial Court has passed an order on 15.09.2021, directing the petitioner to pay a sum of Rs.5,000/- as maintenance per month to each of the respondents, in total a sum of Rs.15,000/per month to the respondents from the date of filing of the maintenance petition;

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and the petitioner was also directed to pay the arrears of said maintenance, within a period of two months and to pay the monthly maintenance on or before

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the 5th day of every English calendar month. Aggrieved by the same, the petitioner has filed the present petition.

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The learned counsel for the petitioner submitted that the maintenance amount of Rs.15,000/- per month awarded by the trial court in favour of the respondents is highly excessive and the same was ordered by the trial court without taking into consideration the financial capacity of the petitioner and he seeks modification of the said order.

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

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CRL RC No. 2266 of 2025

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The learned counsel appearing for the respondents submitted that, the

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trial court, after considering all the relevant documents placed before it, has

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awarded a maintenance of Rs.15,000/- per month in favour of the respondents,

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which is just and reasonable, which needs no interference. Accordingly, he

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prays for dismissal of this petition.

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5. Heard both sides and perused the materials available on record.

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There is no dispute about the marriage between the petitioner and the

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1st respondent. The 1st respondent is the wife and out of their wedlock, they

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were blessed with two children. It is to be pointed out that it is the duty of the

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husband to maintain his wife and child and the comforts, which were available

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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

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statute. In such a backdrop, it becomes the duty of the husband to maintain his

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wife and child.

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