BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 04.09.2023 Delivered on : 02.11.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.RC(MD). No.876 of 2023 and Crl.M.P(MD). No.11657 of 2023 G.Giridharan ... Petitioner/Petitioner Vs.

S.Sujatha ... Respondent/Respondent PRAYER: Criminal Revision Petition has been filed under Section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order dated 19.01.2023 made in M.C.No.9/2021 by the learned Family Court, Thanjavur and set aside the same and thereby allow the above criminal revision petition.

For Petitioner : Mr.C.Jeganathan For Respondent : Mr.R.Maheswaran

ORDER

The petitioner has filed this petition against the impugned maintenance award dated 19.01.2023 passed in M.C.No.09 of 2021, granted by the learned Judge, Family Court, Thanjavur, wherein, the Court below directed to pay monthly maintenance of Rs.6,000/- to the respondent/wife.

2. The case of the respondent/wife in M.C.No.9 of 2021 The respondent is a deaf and dumb. The marriage between her and the revision petitioner was solemnized on 08.06.2015. At the time of marriage, the petitioner is working as a driver in Tamil Nadu State Transport Corporation and he and his family members harassed her by pointing out her infirmities. Thereafter, the respondent's family members made arrangement to live separately. Even after that, the petitioner harassed her under the influence of alcohol and caused physical torture to the deaf and dumb respondent. In the mean time, he met with an accident and his leg was amputated. For that, the respondent's family contributed more than Rs.3,30,000/-. Even though, without any satisfaction, he demanded further amount and 35 sovereigns of gold jewels of the respondent are also at the behest of his family members. Hence, she made a complaint before the Vallam Police Station. The petitioner and his family members caused cruelty by pointing out her physical infirmities i.e., she is deaf and dumb and she filed divorce petition before the Court. The petitioner is now working as helper and earns Rs.45,000/- per month. Since the respondent is deaf and dumb and unable to get any work, she filed maintenance petition claiming Rs.20,000/- as monthly maintenance.

3. The case of the petitioner/husband in M.C.No.9 of 2021 The petitioner filed counter by denying the allegation and specifically stated that the respondent's allegation that he and his family members caused cruelty to her by pointing out her infirmities is not correct. They never caused any cruelty and harassment. He has no habit of drinking. Since she herself left the matrimonial home, this maintenance petition is not maintainable. Her father is a retired Railway Employee and earns pension of Rs.65,000/-. He also doing business. After amputation of leg, the petitioner is suffering with further complication and the said complication incurring huge expenditure. He also lives with difficulties.

4. To prove the maintenance claim the respondent examined herself as P.W.1 & examined P.W.2 and marked the documents Ex.P.1 to Ex.P.6. The petitioner examined himself as R.W.1 and marked Ex.R.1 to Ex.R.3. The witness document C.W.1 also marked. The learned trial Judge, on available evidence and on the basis of the submission made by the petitioner's counsel and the respondent's counsel allowed the maintenance petition and granted maintenance of Rs.6,000/- to the respondent. Challenging the same, the petitioner/husband filed this revision.

5. The learned counsel for the petitioner made the following submissions:

5.1. The Court below failed to consider that the respondent's maintenance claim is not maintainable after the respondent obtained divorce decree against the petitioner in HMOP.No.17 of 2021 on 19.01.2023.

5.2. The Court below failed to consider that the petitioner is incurring medical expenditure for his amputated legs and the respondent and her family has sufficient income to meet her monthly maintenance. Further, the petitioner