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2025 Supreme(Mad) 2722

IN THE HIGH COURT OF JUDICATURE AT MADRAS
SATHI KUMAR SUKUMARA KURUP, J.
K.R. Raja @ Logesh - Appellant
Versus
R. Sudha @ Hemalatha - Respondent
Criminal Revision Case Nos. 332, 419 of 2020, Crl. M.P. No. 2496 of 2020
Decided On : 17-04-2025


Advocates:
Advocate Appeared:
For the Appellant : K.P. Chandra Sekaran
For the Respondents: M. Saral, J. Saravana Vel

The court affirmed the maintenance amount awarded, considering the husband's reduced income due to economic factors while balancing the petitioners' needs for financial support.

Headnote:(A) Code of Criminal Procedure - Section 125 - Maintenance order - Husband challenged the maintenance amount, and wife sought enhancement - Trial Court awarded Rs.15,000/- monthly for the wife and children - Importance of husband's financial situation during industry recession considered - Need for maintenance vs. husband's ability emphasized. (Paras 1, 9, 10, 14)

(B) Maintenance - Standard of living - The court stressed the need for maintenance reflecting the family’s standard of living, balancing it against the husband's claimed income during financial hardship - The necessity of documentation to support claims was also highlighted. (Paras 7, 11)

Facts of the case:
The wife sought maintenance from her husband and provided claims of his alcoholism and financial ability, while he contested these assertions, presenting his lower income due to company recession and his obligations to support elderly parents. (Paras 4.1-4.5)

Findings of Court:
The Family Court’s decision to award Rs.15,000/- as maintenance was confirmed, recognizing the industry's financial strain affecting the husband’s earnings while balancing the family's needs. (Paras 9, 14)

Issues: Whether the trial court's maintenance order was unjust and whether the wife's claims for enhancement were justifiable. (Paras 10, 12)

Ratio Decidendi: The court upheld that economic circumstances must be factored when assessing claims for maintenance, emphasizing the non-permanence of bonuses and the varying financial status due to external factors. (Paras 10, 14)

Result: Both Criminal Revisions dismissed, maintaining the original maintenance decision.

Table of Content
1. the cases are consolidated for joint review. (Para 1 , 2)
2. details on family, income, and maintenance requirements. (Para 4)
3. arguments for enhancing maintenance amount (Para 5 , 6)
4. court analysis on income and recession impacts. (Para 8)
5. court's analysis of financial circumstances (Para 9 , 10 , 11 , 13)
6. grounds for upholding family court's order (Para 14 , 15)
7. final dismissal of both criminal revisions (Para 16)

ORDER :

1. As against the order dated 21.01.2020 passed in M.C. No. 224 of 2018 on the file of the learned IV Additional Judge, Family Court, Chennai, both these Criminal Revisions are filed. While Criminal Revision No. 332 of 2020 was filed by the husband seeking to set aside the order dated 21.01.2020, the wife and the children together have filed Criminal Revision No. 419 of 2020 seeking to enhance the maintenance amount awarded by the learned IV Additional Judge, Family Court, Chennai.

2. As the issues involved in both the Criminal Revisions are one and the same, they are taken up for hearing together for disposal.

3. For the sake of convenience, the parties are referred to as per their litigative status in M.C. No. 224 of 2018 as Petitioners and Respondent respectively.

4. The facts of the case are briefly stated as follows:

4.1. The Maintenance Case No.224 of 2018 was filed by the first Petitioner/wife on her behalf and on behalf of her two minor children under Section 125 of Code of Criminal Procedure, seeking maintenance from the husband/Respondent. As per the petition averments, the first Petitioner married the Respondent on 02.03.2008 and the marriage was solemnised at Nagharathar Paavalar Thirumana Mandapam, Thuraiyur Road, Namakkal as per Hindu rites and customs. Out of the wedlock, two male children – the second and third Petitioners were born to them on 06.02.2009 and 05.11.2013 respectively and they are under the care and custody of the first Petitioner. The Respondent is an employee of M/s.Ashok Leyland Company and earning a good salary. His father is a pensioner. The first Petitioner lived along with the Respondent till 20.04.2018. According to the first Petitioner, the Respondent is addicted to alcohol. The Respondent, in an inebriated condition, used to pick up quarrel with the first Petitioner and abused the minor children. The wife was subjected to insinuations, humiliation and insults and was treated very badly. The wife endured all the domestic violence with patience, expecting a change from her husband/Respondent. Even though the Respondent promised to change, again, he got addicted to consuming alcohol. Therefore, the Petitioners went and lived at the parents house of the first Petitioner.

4.2. the first Petitioner/wife, however, returned to the matrimonial home from her parental home on insistence of her father-in-law. After such return, the first Petitioner noticed that the husband / Respondent was irregular in coming home and used to take frequent leave on loss of pay due to his addiction to alcohol. Also he became sick and used to sleep without attending work. Therefore, the first Petitioner took her husband/Respondent for de- addiction treatment at TTK Hospital during the year 2016. After such treatment, the Respondent promised that he would not continue the habit of consuming alcohol but he did not keep up his promise and continued consumption of alcohol and started abusing his wife and children. The children were scared of their father due to his abusive behaviour.

4.3. The first Petitioner/wife has to beg for money for payment of School fees every time with the husband/Respondent. On several occasions, the first Petitioner pledged her jewels and paid the School fees. The Petitioners are in need of Rs.96,000/- per year towards School fees. The second and third minor Petitioners are studying in AVM Rajeswari Matriculation Higher Secondary School in V Standard and UKG respectively from the academic year June 2018. The first Petitioner is finding it very difficult to

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