Dismissed¶41

P.Deivanayaki v. N. Prakash

Madras HC2 Mar 2026CRL RC/1214/2019

Case brief

AI extract

What is this about?

Madras High Court common order (G.K. Ilanthiraiyan J., 02-03-2026) dismissing CRL RC Nos.1214 & 1480 of 2019: wife's revision seeking enhancement of Rs.5,000/- per month interim maintenance and husband's revision challenging the same award in M.C.No.618 of 2015 (II Additional Family Court, Chennai) under Section 125 Cr.P.C.; no infirmity found; revisions filed under Section 397 r/w 401 Cr.P.C.; connected Crl.MP.No.18818 of 2019 closed. Keywords: maintenance enhancement, interim maintenance, Section 125 Cr.P.C., Section 397/401 Cr.P.C., Family Court Chennai, cross revisions.

What did the court decide?

None; both Criminal Revision Cases dismissed and the connected Miscellaneous Petition closed. ¶41

P.Deivanayaki Vs N. Prakash — Maintenance and Alimony | Madras HC (2026)

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CRL RC Nos.1214 & 1480 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-03-2026

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CORAM

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THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

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CRL RC Nos.1214 & 1480 of 2019 and CRL.MP.No.18818 of 2019

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Crl.R.C.No.1214 of 2019

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P.Deivanayaki 2. Minor P.S. Sri Vatshaav N. Prakash

Petitioner(s)

Respondent(s)

CRL RC No. 1480 of 2019

N.Prakash

Petitioner(s)

P. Deivanayagi 2.Minor.P.D.Srivatshaav Rep. by Mother and Guardian, P.Deivanayagi No.4/15, Muthaiyah Mudali Street, 1st Lane, Old Washermanpet, Chennai-600 021.

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Respondent(s)

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

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CRL RC Nos.1214 & 1480 of 2019

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PRAYER in both Revision Petitions: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., to set aside the order dated 18.09.2019 made in M.C.No.618 of 2015 on the file of the II Additional Family Court, Chennai.

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Appearance of counsel in both petitions

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For Petitioner in Mr.C.Prabakaran Crl.R.C.No.1214 of 2019 & respondents in Crl.R.C.No.1480 of 2019

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For Respondent Mr.R.Yogesh in Crl.R.C.No.1214 for M/s.S.S.Thenmozhi of 2019 & Petitioner in Crl.R.C.No.1480 of 2019

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COMMON ORDER

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Since the issue involved and the relief sought in both these revisions are one and the same, they were heard together and decided of vide this common order.

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These revisions have been filed against the order dated 18.09.2019 made in M.C.No.618 of 2015 on the file of the II Additional Family Court, Chennai.

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The petitioner in Crl.R.C.No.1214 of 2019 has filed the revision, seeking enhancement of the maintenance amount awarded in M.C.No.618 of 2015 on the file of II Additional Family Court, Chennai. The petitioner in Crl.R.C.No.1480 of 2019 has filed the revision petition challenging the order of

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

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CRL RC Nos.1214 & 1480 of 2019

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maintenance in M.C.No.618 of 2015, whereby a sum of Rs.5,000/- each was ordered to be paid to the respondents/wife and minor child as interim maintenance by the petitioner/husband.

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The marriage between the first petitioner in Crl.R.C.No.1214 of 2019 and the petitioner in Crl.R.C.No.1480 of 2019 was solemnized on 18.01.2013. Out of the wedlock, a male child was born to them, who is the 2nd petitioner in Crl.R.C.No.1214 of 2019. While being so, due to some misunderstanding, they got separated. Consequently, the wife and the minor child were unable to maintain themselves and filed a petition under Section 125 of Cr.P.C, seeking monthly maintenance of Rs.25,000/-.

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After conducting full fledged trial, the trial Court awarded maintenance of Rs.5,000/- per month each in favour of the wife and the child. Meanwhile, the respondent/husband filed a petition, seeking divorce in O.P.No.306 of 2018 on the file of II Additional Family Court, Chennai. It is also stated that the wife also filed Original Petition viz., O.P.No.4641 of 2015, seeking restitution of Conjugal rights before the same Court. Both the petitions are pending adjudication. In the divorce petition filed by the petitioner/husband, the respondent/wife has filed a petition, seeking monthly maintenance of Rs.25,000/- for herself and the child. The same was challenged by the

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

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CRL RC Nos.1214 & 1480 of 2019

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petitioner/husband in C.R.P.No.1895 of 2025 before this Court and the matter is pending with an interim order directing the respondent to continue to pay a sum of Rs.10,000/- per month to the wife and a sum of Rs.5,000/- to the child.

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It is submitted that the petitioner/husband is presently paying a sum of Rs.15,000/- per month towards maintenance to the wife and the minor child. This Court is of the view that a sum of Rs.15,000/- per month is very meagre and the petitioner is affordable to pay such amount.

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In view of the above, this Court finds that there is no infirmity and illegality in the order dated 18.09.2019 passed in M.C.No.618 of 2015, on the file of II Additional Family Court, Chennai.

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