High Court · 2025

Crl.R.C.(MD)Nos.828 & 829 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 12.08.2025CORAMTHE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRICrl.R.C.(MD)Nos.828 & 829 of 2025andCrl.M.P(MD)No.8838 & 8843 of 2025Crl.R.C(MD)N.828 of 2025: Suresh ... Petitioner/RespondentVs.1.Padmavathi2.Minor.Anukiraka Sri3.Minor.Sriharini... Respondents/Petitioners (R2 & R3 are represented through their mother & natural guardian R1) Prayer : Criminal Revision Case is filed under Section 397 & 401 of Cr.P.C to call for the records of the Learned District Munsif Cum Judicial Magistrate, Sengottai in Crl.M.P.No.3735 of 2023 in M.C.No.15 of 2019 dated 10.11.2023. For Petitioner : Mr.R.Mathavaselvam For Respondents : Mr.N.Vignesh1/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 2025Crl.R.C(MD)N.829 of 2025: 1.Padmavathi2.Minor.Anukiraka Sri3.Minor.Sriharini ... Petitioners (P2 & P3 are represented through their mother & guardian P1)Vs.Suresh ... Respondent Prayer : Criminal Revision Case is filed under Section 397 & 401 of Cr.P.C to call for the records and set aside the order passed in Crl.M.P.No.3735 of 2023 in M.C.No.15 of 2019 dated 10.11.2023 on the file of the Learned District Munsif Cum Judicial Magistrate Court, Sengottai. For Petitioners : Mr.N.Vignesh For Respondent : Mr.R.MathavaselvamCOMMON ORDERChallenging order passed by the learned District Munsif cum Judicial Magistrate, Sengottai in Cr.M.P.No.3735 of 2023 in M.C.No.15 of 2019, dated 10.11.2023, Crl.R.C(MD)No.828 of 2025 is filed by the husband for modification of the maintenance orders and Crl.R.C(MD)No.829 of 2025 is filed by the wife and 2 minor daughters to enhance the maintenance amount.2/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 20252. For the sake of convenience, the parties herein are referred to as per Crl.R.C(MD)No.828 of 2025.3. The petitioner herein is the respondent in Maintenance Case and the petitioner in Cr.M.P.No.3735 of 2023. The 1st respondent is his wife and 2nd and 3rd respondents are his minor daughters. The petitioner made an application in a pending maintenance case under Section 127 of the Code of Criminal seeking to modify the order of maintenance passed by the learned Trial Court in the maintenance case. In the maintenance case, which was filed by the respondents under Section 125 of the Code of Criminal Procedure, the Trial Court has already passed an order of maintenance directing the petitioner to pay monthly maintenance of Rs.60,000/- to the respondents, i.e., Rs.20,000/- to each petitioners and to pay Rs.15,000/- for litigation expenditure. Complying the order passed by the learned Trial Court in M.C.No.15 of 2019, directing the husband to pay monthly maintenance of Rs.60,000/- to his wife and 2 minor daughters, the husband had paid an amount of Rs.3,20,000/- while he was employed abroad. Thereafter, as his passport got expired on 3/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 202523.01.2023, he had returned to India and he had also lost his job and hence, he filed an application before the learned Trial Court under Section 127 of Cr.P.C seeking to modify the maintenance order, in which the Trial Court had passed an order directing the husband to pay Rs.15,000/- i.e., Rs.5,000/- to each respondents therein. Challenging the same, the husband filed Crl.R.C(MD)No.828 of 2025 for modifying the said order and the wife and 2 minor daughters filed Crl.R.C(MD)No.829 of 2025 for enhancing the maintenance order.4. Though the learned Trial Court had passed an order of maintenance directing the husband to pay an amount of Rs.60,000/-, the same was not duly complied by the husband. Under such circumstances, the wife filed Crl.M.P.No.4540 of 2022 seeking to implement the order of maintenance passed by the learned Trial Court, in which Non Bailable Warrant was issued as against the husband. Pursuant to the same, on his return from abroad, the husband had surrendered before the Trial Court, in which Non Bailable Warrant was recalled and had paid Rs.10,10,000/- before the learned Trial Court towards arrears of maintenance. It was also observed by the Trial Court that an appeal made by the husband as 4/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 2025against the order of maintenance directing him to pay a monthly maintenance of Rs.60,000/- to the wife and 2 children also came to be dismissed in Crl.R.C.No.3 of 2023 before the Additional District and Sessions Court (FTC), Tenkasi on 27.09.2023. Only in the circumstance where the appeal came to be dismissed by the learned Additional Distritct and Sessions Court (FTC), Tenkasi, the petitioner had filed an application under Section 127 of Cr.P.C seeking to modify the maintenance order. However, the Trial Court considering the fact that the husband had lost his job and presently he is residing in India without job, found it necessary to modify the maintenance and accordingly, modified the maintenance from Rs.60,000/- to Rs.15,000/-, i.e., Rs.5,000/- towards each respondents.5. The learned counsel for the husband submitted that the passport is already renewed and even now he is without job and hence, it is not easy for him to pay an amount of Rs.15,000/- as monthly maintenance and sought for further modification.5/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 20256. The learned counsel for the respondent/wife submitted that the education expenditure of one child itself is Rs.80,000/- per year and totally for both the children, the education expenditure per year would come around Rs.1,60,000/- and that apart the husband is a man of means with a lot of other property and he is also running a business and pressed for dismissing the petition filed by the husband and allowing the case filed by the wife.7. Heard the learned counsel on either side and carefully perused the materials available on record.8. No doubt, the learned Trial Court had not insisted both the parties to produce the list of assets and liabilities in following the mandate of the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha, reported in 2021 (1) MLJ Crl. 124 (SC). In the absence of such list of assets and liabilities, I am at loss to understand as to how the learned Trial Court came to a conclusion that the husband had lost his job, without having produced any material evidence before the learned Trial Court and without deposing any evidence in that regard and marking any 6/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 2025documents. It is pertinent to record that already the order of maintenance has been confirmed by the learned Appellate Court in the appeal preferred by the husband as against the order of maintenance passed by the learned Trial Court in M.C.No.15 of 2019. Under such circumstances, the learned Trial Court ought to have examined both the parties and their respective witnesses while disposing Crl.M.P.No.3735 of 2025 to substantiate the fact that there has been a change in circumstance in the income of the husband due to loss of job and having returned to India without job. That apart, this Court has also considered the fact that pending Non Bailable Warrant issued by the learned Trial Court in the maintenance case, the husband had returned, surrendered and thereafter recalled the warrant and paid the arrears of maintenance of Rs.10,10,000/- and thereafter, preferred an appeal, in which the maintenance order passed by the learned Trial Court came to be confirmed. This Court is of the considered view that, without any material evidence, the Trial Court ought not to have modified the order of the Trial Court in maintenance case in M.C.No.15 of 2019.7/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 20259. Accordingly, Crl.R.C(MD)No.828 of 2025 stands dismissed and Crl.R.C(MD)No.829 of 2025 stands allowed. The order of maintenance passed by the learned District Munsif cum Judicial Magistrate in M.C.No.15 of 2019 dated 10.11.2023 is confirmed. Consequently, connected Miscellaneous Petitions are closed. 12.08.2025NCC :Yes / NoIndex :Yes / NoInternet :Yes / NogbgToThe District Munsif Cum Judicial Magistrate,Sengottai.8/9 https://www.mhc.tn.gov.in/judis Crl.R.C.(MD)Nos.828 & 829 of 2025L.VICTORIA GOWRI ,J.gbgOrder made inCrl.R.C.(MD)Nos.828 & 829 of 2025Dated: 12.08.20259/9