O R D E R

This Criminal Revision Case has been preferred challenging the order dated 22.10.2021 passed by the learned Sessions Judge, Special Court under POCSO Act, Nagapattinam, Full Additional Charge of Family Court, Nagapattinam in M.C.No.1 of 2019.

2. The petitioner is the husband and the first respondent is his wife and the respondents 2 and 3 are their children.

3. The respondents filed a petition in M.C.No.1 of 2019 under Section

125 Cr.P.C seeking maintenance of Rs.6,000/- per month to the first respondent and Rs.4,000/- each to the respondents 2 and 3 per month before the Family Court, Nagapattinam. After full-fledged trial, the learned Magistrate partly allowed the petition as follows :

'' (i) Towards the maintenance of 1st petitioner, the respondent is directed to pay a sum of Rs.6,000/- (Rupees six thousand only) per month with effect from the date of petition i.e. 28.07.2007 to 06.11.2013 and thereafter, at the rate of Rs.12,000/- (Rupees twelve thousand only) per month. The amount of maintenance of Rs.12,000/- (Rupees twelve thousand only) per month shall be paid by the respondent hereafter in the bank account of 1st petitioner month after month on or before 5th day of each English calender month. The arrears of amount of maintenance from date of petition till date of order shall be paid by the respondent in the bank account of

1st petitioner within 6 months from today.

(ii) Towards the maintenance of 2nd petitioner, the respondent shall pay Rs.4,000/- (Rupees four thousand only) per month with effect from date of petition i.e. 28.07.2007 to 05.10.2008 in the bank account of the 2nd petitioner within 06 months from today, after adjustment of interim maintenance if any, paid by the respondent.

(iii) Towards the maintenance of 3rd petitioner, the respondent is directed to pay a sum of Rs.4,000/-

(Rupees four thousand only) per month with effect from the date of petition i.e. 28.07.2007 to 06.11.2013 and thereafter, at the rate of Rs.15,000/- (Rupees fifteen thousand only) per month. The amount of maintenance of Rs.15,000/- (Rupees fifteen thousand only) per month shall be paid by the respondent hereafter in the bank account of 3rd petitioner month after month on or before 05th day of each English calendar month. The arrears of amount of maintenance from date of petition till date of order shall be paid by the respondent in the bank account of 3rd petitioner within 06 months from today, after adjustment of interim maintenance, if any, paid by the respondent.

(iv) Further, the respondent shall pay to the 1st petitioner a sum of Rs.20,000/- (Rupees twenty thousand only) towards the expenses of the proceeding.''.

Aggrieved by the said order, the petitioner/husband has filed the present revision before this Court.

4. The learned counsel for the petitioner/husband submitted that due to Covid-19 pandemic situation, the petitioner lost his business and also he got fracture in his leg and that is the reason why he is not able to maintain her wife and children. The petitioner is not a man of means. The Family Court failed to appreciate the entire oral and documentary evidence put forth by the petitioner/respondent therein and passed the order. Since all the children have attained majority and he also got divorce from the first respondent/wife on the ground of cruelty, the petitioner is not liable to pay maintenance to the respondents.

5. The learned counsel for the respondents submitted that the petitioner has not denied that about running of business. Further he is having a two storied building and getting income through the same. The petitioner has not proved before the Family Court that he is not having sufficient means to maintain his wife and children. Therefore, the Family Court after considering the facts and circumstances, found that both the petitioner and the respondents are living separately; the petitioner has not established that despite having sufficient means, the respondents are unable to maintain themselves. Further, c