High Court · 2025

CRL RC No. 2258 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26-03-2025CORAMTHE HONOURABLE MR JUSTICE P. VELMURUGANCRL RC No. 2258 of 2023andCRL MP No.20185 of 20231. PREMNATHS/O.Late Sambandam, No.34, Nagurar Thottam, 2nd Street, New Washermenpet, Chennai - 600 081.Petitioner(s)Vs1. P.UmadeviW/O. Premnath, No.44, Poondithangammal Street, New Washermenpet, Chennai - 600 081.Respondent(s)PRAYER: Criminal Revision Petition is filed under Section 397 read with 401 Cr.P.C., to set aside the order made in M.P.No.1140 of 2019 in M.C.No.509 of 2011 dated 12.12.2022 by the Learned V Additional Principal Family Court, Chennai.For Petitioner(s):M/s. Sudharshana SunderFor Respondent(s):D.Nandhagopal https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 2023ORDERThis Criminal Revision Petition has been filed to set aside the order dated 12.12.2022 passed in M.P.No.1140 of 2019 in M.C.No.509 of 2011 by the V Additional Principal Family Court, Chennai.2. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials available on record. 3. Originally, the respondent/wife filed a maintenance case in M.C.No.509 of 2011 on the file of the V Additional Family Court, Chennai seeking maintenance from the petitioner/husband, in which, a sum of Rs.3,000/- per month was ordered as maintenance. Subsequently, the respondent/wife had filed petition under Section 127(1) Cr.P.C., in M.P.No.1037 of 2018 in M.C.No.509 of 2011 on the file of the III Additional Family Court, Chennai, for enhancement of maintenance amount and the same was also ordered on 19.11.2019. Aggrieved by the same, the petitioner had filed Crl.R.C.No.118 of 2020 before this Court. 4. Thereafter, the petitioner/husband filed a petition under Section 127(2) of Cr.P.C., in M.P.No.1140 of 2019 in M.C.No.509 of 2011 on the file of the V https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 2023Additional Family Court, Chennai to cancel the maintenance amount. The said application was dismissed on 11.10.2021. Aggrieved by the same, the petitioner had filed Crl.R.C.No.800 of 2021.5. This Court, while deciding the abovesaid Criminal Revision Petitions, vide common order dated 23.06.2022, set aside the order dated 11.10.2021 passed in M.P.No.1140 of 2019 on the file of the V Additional Family Court Chennai and remitted back the matter to the Family Court.6. When the matter is once again taken up for hearing before the V Additional Principal Family Court, Chennai, the learned Judge, Family Court dismissed the application in M.P.No.1140 of 2019 in M.C.No.509 of 2011 filed by the petitioner/husband, vide order dated 12.12.2022. Aggrieved by the same, the petitioner/husband has filed this Criminal Revision Petition.7. The learned counsel for the petitioner/husband submitted that the respondent/wife has suppressed the material facts. Ex.P1 is the certified copy of the complaint in C.C.No.3362 of 2017 and Ex.P2 is the certified copy of the chief examination in C.C.No.705 of 2018, wherein, the respondent/wife has admitted that she is running a tailoring shop. Further, the respondent/wife has https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 2023admitted in C.C.No.705 of 2018 on the file of the XV Metropolitan Magistrate, George Town, Chennai that she is running a tailoring shop and she has admitted that she availed loan of Rs.2,00,000/- from Manapuram Finance. The petitioner has lost his job and he is dependent on his mother for maintenance. The Family Court failed to note the change in circumstances and passed the impugned order. The respondent/wife has not submitted her Bank pass book along with affidavit of assets and liabilities. The petitioner has proved that he has no source of income. The respondent/wife has got means to maintain herself. As per Section 125 Cr.P.C, if the wife is unable to maintain herself, she can get the maintenance from her husband, whereas, in this case, the respondent/wife is able to maintain herself. The said fact has not been considered by the Family Court in proper perspective. The Judge, Family Court failed to consider the materials and simply ordered enhancement of maintenance from Rs.3,000/- to Rs.6,000/- only on sympathetic grounds. Hence the impugned order dated 12.12.2022 passed in M.P.No.1140 of 2019 in M.C.No.509 of 2011 by the V Additional Principal Family Court, Chennai is liable to be set aside. https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 20238. The learned counsel for the respondent/wife submitted that the respondent has no means to maintain herself and she is living under the shadow of her mother. The petitioner/husband has not proved respondent/wife has means to maintain herself. The petitioner/husband has not proved that the respondent/wife is running a tailoring shop and earning income. Though the petitioner/husband has given undertaking that he would pay Rs.200 per day, he has not paid the same. The learned Judge, Family Court rightly considered the materials and enhanced the maintenance amount. Hence, the order passed by the Family Court need not be interfered with.9. Admittedly, the petitioner is the husband and the respondent is the wife. The relationship between the parties is not in dispute. They admitted that both are living separately. The petitioner/husband had filed an application under Section 127(2) of Cr.P.C., in M.P.NO.1140 of 2019 in M.C.No.509 of 2011 on the file of the V Additional Principal Family Court, Chennai and the same was dismissed on 11.10.2021. Aggrieved by the same, the respondent/husband had already preferred revision petition in Crl.R.C.No.800 of 2021 before this Court. This Court, vide order dated 23.06.2022, set aside the order dated 11.10.2021 https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 2023passed in M.P.No.1140 of 2019 passed by the Family Court and remitted back the matter before the learned V Additional Family Court, Chennai and directed to dispose of the same afresh on merits. The Family Court dismissed the said petition filed by the petitioner/husband vide impugned order dated 12.12.2022. Aggrieved by the same, the petitioner/husband has filed the present Criminal Revision Petition. 10. The learned counsel for the petitioner/husband pointed out that the respondent/wife has clearly stated in her deposition dated 27.09.2019 in C.C.No.705 of 2018 on the file of the XV Metropolitan Magistrate Court, George Town, Chennai that the petitioner/husband along with his family members had visited her tailoring shop and caused physical and mental cruelty. Further in the assets and liabilities statement filed by the respondent/wife in DVC No.91 of 2018 on the file of the Chief Metropolitan Magistrate, Egmore, wherein, she has admitted that she availed loan amount of Rs.5 Lakhs and Rs.2 Lakhs loan from Manapuram Finance. On a perusal of the materials, it is found that the respondent/wife is having means to maintain herself. https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 202311. It is a settled proposition of law that the scope and object of Section 125 Cr.P.C., is that if a woman/wife has no means to maintain herself, then the wife is entitled to get maintenance from her husband, who is having means.12. As per Section 125 Cr.P.C., the wife has to prove that she is unable to maintain herself. On a perusal of the materials available on record, it is found that the respondent/wife has means to maintain herself. Hence, the impugned order dated 12.12.2022 passed in M.P.No.1140 of 2019 in M.C.No.509 of 2011 by the Learned V Additional Principal Family Court, Chennai is hereby set aside.13. In view of the same, the Criminal Revision Petition is allowed. However, if the respondent/wife is not able to maintain herself with the available source, she is at liberty to work out her remedy before the competent Court. Consequently, connected miscellaneous petition is closed.26-03-2025mfaIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 2023ToThe V Additional Principal Family Court, Chennai. https://www.mhc.tn.gov.in/judis CRL RC No. 2258 of 2023P.VELMURUGAN J.mfaCRL RC No. 2258 of 2023andCRL MP No.20185 of 2023 26-03-2025