Balaji Dev Vs R.Yaamini — Maintenance and Alimony | Madras HC (2025)

Balaji Dev Vs R.Yaamini — Maintenance and Alimony | Madras HC (2025)

What the court decided

AI extract

Outcome

Criminal Revision Petition dismissed with modification of the Family Court's order: first respondent-wife's maintenance reduced to Rs.7,500/- per month and second respondent-minor daughter's maintenance raised to Rs.20,000/- per month, payable by the petitioner-husband; remaining directions (including Rs.1,00,000/- per year educational expenses) confirmed; connected Crl.M.P.No.3456 of 2024 closed.

Issue for consideration

Whether the maintenance of Rs.20,000/- per month awarded to the first respondent-wife was excessive having regard to her employment and earning capacity, and how maintenance should be apportioned between the wife and the minor daughter.

Court's answer

On a perusal of the materials, found that the petitioner-husband is working in the I.T. sector and earning more than Rs.1,00,000/- per month.

Ratio / Principle

Taking note of the employment and earning capacity of the first respondent-wife, modified the Court below's order so that the wife is entitled to Rs.7,500/- per month as maintenance (reduced from Rs.20,000/- per month).

Key takeaways

Fixed the second respondent-minor daughter's maintenance at Rs.20,000/- per month (raised from Rs.7,500/- per month), with the petitioner-husband directed to pay the modified amounts.ratio¶31
In other respects, the order of the Court below (including the Rs.10,000/- per month arrears direction and the Rs.1,00,000/- per year educational-expense direction) is confirmed.ratio¶32

Detailed headnote1 paragraphs

Maintenance — S.125(1)(a)(b) Cr.P.C. — Criminal Revision under Ss.397/401 Cr.P.C. — Madras High Court (P.Velmurugan, J., 25.03.2025): Husband's revision against the Additional Principal Family Court, Coimbatore's order dated 13.06.2023 in M.C.No.162 of 2018 (wife Rs.20,000/- p.m., minor daughter Rs.7,500/- p.m., arrears Rs.10,000/- p.m., Rs.1,00,000/- p.a. educational expenses). Noting the husband's I.T.-sector income exceeding Rs.1,00,000/- p.m. and the wife's employment and earning capacity (Rs.23,000/- p.m. per counsel), the Court modified the order — wife's maintenance reduced to Rs.7,500/- p.m. and minor daughter's raised to Rs.20,000/- p.m. — confirmed the remaining directions, and dismissed the revision, closing connected Crl.M.P.No.3456 of 2024. No precedents cited.

Crl.R.C.No.379 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2025

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN

Criminal Revision Case No. 379 of 2024 and Crl.M.P.No.3456 of 2024

Balaji Dev ... Petitioner

..vs..

R.Yaamini 2. Minor M.B.Neerja Rep.by mother 1^st petitioner R.Yaamini ... Respondents

Criminal Revision Case filed under Sections 397 read with 401 Cr.P.C., to set aside the order dated 13.06.2023 in M.C.No.162 of 2018 on the file of the Additional Principal Family Judge, Coimbatore in respect of the part of the order directing the petitioner to pay maintenance to the 1^st respondent.

For Petitioner : Mr.B.Ravi

For Respondents : No appearance

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O R D E R

Crl.R.C.No.379 of 2024

This Criminal Revision Petition has been preferred against the order dated 13.06.2023 in M.C.No.162 of 2018 on the file of the Additional Principal Family Court, Coimbatore.

It is seen that the petitioner is the husband, the first respondent

is wife and second respondent is their minor daughter. The respondents herein filed a maintenance case under Section 125(1)(a)(b) of Cr.P.C., in M.C.No.162 of 2018 on the file of the Additional Principal Family Court, Coimbatore seeking a sum of Rs.50,000/- per month as maintenance to the respondents. The learned Judge, after hearing the submissions of both sides, vide order dated 13.06.2023, allowed the petition and directed the husband to pay a sum of Rs.10,000/- per month to the respondents herein as maintenance from the date of filing of the petition till the date of order in the maintenance case and also directed the petitioner-husband to pay a sum of Rs.20,000/- per month as maintenance to the first respondent-wife and a sum of Rs.7,500/- per month as maintenance to the second respondent-minor daughter and also directed the petitioner-

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Crl.R.C.No.379 of 2024

husband to pay a sum of Rs.1,00,000/-, towards the educational and extracurricular activities expenses of the second respondent-minor daughter for every year from the academic year 2023-2024 onwards. Aggrieved by the same, the present revision petition is filed by the petitioner – husband.

Learned counsel appearing for the petitioner submitted that first respondent-wife has deserted the petitioner-husband without any valid reason and left the matrimonial home on her own volition. He further submitted that the first respondent is a working woman and getting a sum of Rs.23,000/- per month. However, the learned Judge failed to take note of the employment and earning capacity of the first respondent-wife, and ordered a sum of Rs.20,000/- per month as maintenance to the first respondent-wife, which is against the principles of natural justice.

Heard the learned counsel for the petitioner and perused the materials available on record.

Despite service of notice on the respondent, there is no appearance either in person or through counsel.

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Crl.R.C.No.379 of 2024

On a perusal of the entire materials, it is seen that the petitionerhusband is working in I.T.Sector and earning more than a sum of Rs.1,00,000/- per month. It is not in dispute that the second respondent is a minor child, aged about 10 years and she is under the care and custody of the first respondent-wife. The Court below ordered a sum of Rs.20,000/- per month as maintenance to the first respondent-wife and Rs.7,500/- to the second respondent-minor daughter.

Considering the facts and circumstances and also taking note of the employment and earning capacity of the first respondent-wife, this Court is of view that the order of the Court below is modified to the effect that the first respondent-wife is entitled for a sum of Rs.7,500/per month as maintenance and insofar as the second respondent-minor daughter, is concerned, she is entitled for a sum of Rs.20,000/- per month as maintenance. The petitioner-husband is directed to pay the above modified amount as maintenance to the respondents.

In other respects, the order of the Court below is confirmed.

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Crl.R.C.No.379 of 2024

With the above modification, this Criminal Revision Petition is

dismissed. Consequently, connected miscellaneous petition is closed.

25.03.2025

Index: Yes/No Speaking Order/Non Speaking Order Neutral Citation Case : Yes/No ms

To The Additional Principal Judge, Additional Principal Family Court, Coimbatore.

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Crl.R.C.No.379 of 2024

P.VELMURUGAN, J.

ms

Crl.R.C.No.379 of 2024

25.03.2025

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