The court upheld the Family Court's maintenance order, affirming the husband's legal obligation to support his wife and children despite claims of the wife's financial independence.

JUDGMENT :

This Criminal Revision has been filed praying to set aside the Judgment dated 26.08.2019 passed in M.C.No.38 of 2018 on the file of the Family Court, Dharmapuri. By the said order dated 26.08.2019, the Family Court directed the revision petitioner herein to pay a sum of Rs.6,250/- per month each to the respondents herein from the date of filing the F.C.M.C. No. 38 of 2018 viz., on 27.03.2018. It was also directed that the maintenance amount of the respondents 2 and 3 herein/children shall be given to the first respondent/wife from 27.03.2018 till they attain majority. The amount from 27.03.2018 to July 2019 and educational expenses for the year 2018-2019 and 2019-2020 be paid within one month from the date of the other. The further maintenance amount from August 2019 onwards to be paid within 5^th of next succeeding month as per English Calander Month.

2. The brief facts, which are necessary for disposal of this Criminal Revision Case, are as follows:-

2.1. The Revision Petitioner herein has filed HMOP No. 33 of 2018 before the Family Court, Dharmapuri under Section 9 of The Hindu Marriage Act, for restitution of conjugal rights. In the said petition, among other things, it was stated that the marriage between the Revision Petitioner and the first respondent herein was solemnised on 13.06.2003 at Munusamy Kavundar Marriage Hall at Kadathur. During the marriage, 8 sovereigns were given to the first respondent and 2 sovereigns of gold and house hold articles were presented to the revision petitioner herein. It is further stated that 2 years after marriage, a Hero Honda Splendor Plus, two-wheeler was presented to the Revision Petitioner. According to the Revision Petitioner, the marriage was consummated and two children namely the respondents 2 and 3 herein have born during the year 2004 and 2007 respectively. In the year 2013, the Revision Petitioner constructed a new house in which the first respondent along with the respondents 2 and 3 lived peacefully. However, the first respondent did not attend to the family affairs and often left the matrimonial home. Inspite of mediation, she refused to come and live with the Revision Petitioner. The Revision Petitioner through his brothers and sister's-in-law demanded the first respondent to return to the matrimonial home and accordingly, she resided with the Petitioner for some time. The Petitioner also returned the watch and 2 wheeler to the First Respondent on 24.04.2016. However, on 31.05.2017 the first respondent quarrelled with the petitioner and left the matrimonial home. Therefore, the Revision Petitioner has filed the Original Petition for restitution of conjugal rights.

2.2. A counter affidavit has been filed by the First Respondent contending that after marriage, as the Revision Petitioner was without any job, the parents, sister and brother of the First Respondent supported them financially. It is with their help, the new house at Nallakutlahalli was constructed. However, the Revision Petitioner expressed his desire to marry her widowed Sister as his second wife, which was refused by the sister of the First Respondent as well as the First Respondent. Therefore, for about 4 years, the Revision Petitioner subjected the First Respondent to matrimonial cruelty, ill-treated her and pestered her for jewels and cash. By the passage of time, the Revision Petitioner became drunkard and did not care for the family. The children are studying in Government School at Athiyamankottai. The present petition has been filed only to avoid payment of maintenance. Accordingly, the First Respondent prayed for dismissal of the Petition seeking restitution of conjugal rights.

2.3. Apart from filing the Counter in HMOP No. 33 of 2018, the First Respondent has filed M.C. No. 38 of 2018 before the Family Court, Dharmapuri contending that the Revision Petitioner has left the First Respondent-wife and the two children in lurch without paying them any amount for their maintenance and education. The R