LAWS(MAD)-2018-6-1278

HARI HAR RAJ KALINGARAYAR Vs. AARTI AND ANR.

Decided On June 22, 2018
Hari Har Raj Kalingarayar Appellant
V/S
Aarti And Anr. Respondents

JUDGEMENT

(1.) The instant criminal revision petition is preferred as against the order dated 09.02.2016 made in M.C.No.75 of 2012 on the file of the learned Principal Family Court at Chennai. The petitioner herein aggrieved over the order stated above passed under section 125 of Cr.P.C., 1973 directing him to pay an amount of Rs. 55,000/- as monthly maintenance towards the first respondent wife namely Aarti and the minor children Tarini and minor Shivani respondents 2 and 3 respectively, is before this Court by way of this Criminal Revision Petition.

(2.) The brief facts required for disposal of the instant Criminal Revision Petition is as following that the marriage between the revision petitioner and the first respondent was solemnized on 18.08.1996. Out of their wedlock they had begotten two female children the 2nd and 3rd respondents herein. Unfortunately their matrimonial life went miserable and out of the same a petition for dissolution of their marriage under Section 13(1) (ia) (ib) of the Hindu Marriage Act came to be filed by the 1st respondent in O.P.No.1189 of 2006 on the file of the learned Principal Family Court at Chennai. While so, the first respondent contending that she is unable to maintain herself and the minor children, came up with the above M.C.No.75 of 2012 under section 125 of Cr.P.C., 1973 seeking an amount of Rs. 60,000/- towards monthly maintenance to the respondents.

(3.) The first and foremost contention of the 1st respondent in the above maintenance petition is that the revision petitioner despite being financially sound but failed to maintain the respondents. The revision petitioner failed to lend financial assistance to the respondents. Therefore with no other go, the 1st respondent was forced to file the above maintenance case seeking an amount of Rs. 60,000/- per month to the respondents jointly and Rs. 15,000/- towards litigation charges.