ORDER

This criminal revision case has been filed to set aside the order made in M.C.No.55 of 2017 on the file of the Family Court at Dharmapuri, dated

26.09.2019 thereby dismissing said case in M.C.No.55 of 2017.

2. The petitioner is the husband and the respondent is the wife. The respondent/wife filed a maintenance case in M.C.No.55 of 2017 under Section 125 of the Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.,' for short) on the file of the Family Court at Dharmapuri against the petitioner/husband for maintenance. The learned Judge, Family Court at Dharmapuri, after enquiry ordered a sum of Rs.21,500/- per month to the respondent herein. Challenging the said order passed by the learned Judge, Family Court at Dharmapuri, the petitioner/husband has filed the present revision before this Court.

3. The case of the respondent/wife is that the marriage between the petitioner and the respondent was solemnized on 06.06.1999 as per the Hindu rites and customs at Murugan Temple, Vayaloor, Trichy. Out of their wedlock, they had no issue. The petitioner herein demanded dowry, property, medical higher education, money to build a Clinic and subjected her to cruelty and the respondent is living separately without any support, as her parents passed away and living in a rental house with much difficulty and could not maintain herself. The petitioner herein without getting divorce from the respondent, has got married again, begotten children, constructed a new house, working as ENT Doctor in Dharmapuri Government Hospital and also running a Private Clinic. The respondent living separately for the past 15 years. The petitioner is having properties worth about Rs.2 crores and working as a Government Doctor and earns more than Rs.70,000/- per month, as salary, in addition to that rental income and he has got sufficient means. The respondent requires a sum of Rs.30,000/- per month for maintenance and therefore, she filed maintenance case in M.C.No.55 of 2017 before the Family Court, Dharmapuri.

4. The case of the petitioner/husband is that the marriage and reception expenses were borne out only by the petitioner's parents. After marriage, petitioner pursued his course as House Surgeon at Mysore JSS Medical College and took training at Royapettah Hospital, Chennai and took up higher studies at Ramachandra Medical Collge. The marriage was not at all consummated. The educational expenses of the petitioner was borne out by the petitioner's father only. There was no necessity to open a Clinic at that time and petitioner had sufficient property to begin a Clinic. In order to maintain and save their family dignity, compromise was arrived in the petition for divorce filed by the respondent in H.M.O.P.No.53 of 2002 and maintenance case in M.C.No.48 of 2003. As per the compromise, 2 storeyed concrete house at Harichandran Koil Street and Bharathipuram, 66 feet street consisting of shops and Rs.3 lakhs of cash was given to the respondent, as permanent alimony. Therefore, maintenance case was filed by the respondent in M.C.No.48 of 2003 and it was dismissed on 05.12.2003. The respondent is residing at her sister's house and not in a rented house separately. The maintenance case filed by the respondent is not maintainable, as the respondent has got permanent alimony by way of properties and cash.

5. The learned Judge, Family Court at Dharmapuri failed to consider the factual as well as legal position, ordered a sum of Rs.21,500/- per month for maintenance which warrant interference of this Court.

6. Learned counsel for the petitioner would submit that marriage was consummated and there is no issue. The respondent filed a divorce petition and also maintenance case in which the parties arrived at settlement and two properties were given to the respondent/wife and also Rs.3 lakhs given to her as permanent alimony. Therefore, as per law, once the wife obtained a permanent alimony, she is not entitled to get any maintenance under Section 125 of Cr.P.C.,