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2025 Supreme(Online)(Mad) 22277

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. Velmurugan, J
N.Manikanda Prabhu – Appellant
Versus
Hema – Respondent


Advocates:
For the Appellants/Petitioners: Mr.M.Velan
For the Respondents: Mr.Baranidharan

ORDER

This Criminal Revision Petition has been filed to set aside the order dated

18.10.2024 passed in M.C.No.09 of 2022 on the file of the Family Court, Karaikal and consequently to dismiss M.C.No.09 of 2022.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents.

3. The case of the petitioner/husband submitted is as follows:

The petitioner is earning a sum of Rs.8,000/- per month whereas, the first respondent/wife herself admitted that she was working as a nurse and earning sum of Rs.30,000/- per month. The first respondent/wife is a woman of means and she is able to maintain herself. Hence, the first respondent cannot be treated as a woman of no means. But, the Family Court failed to consider the educational qualification of the first respondent and her earning capacity and passed the impugned order and the same is against the scope and object of Section 125 of the Criminal Procedure Code. Hence, he prayed to set aside the impugned order passed by the Family Court.

4. On the contrary, the learned counsel for the respondents submitted as follows:

Though the petitioner has stated that he is earning only Rs.8,000/- per month, he has not pro

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