IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.09.2022 CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Crl.R.C.No.1331 of 2022 and Crl.M.P.No.14234 of 2022 Meena Rukmani ... Petitioner Vs.

Arunachalam Suna Pana ... Respondent Prayer:

Criminal Revision Petition filed under Section 397 read with Section

401 of Cr.P.C., to set aside the order passed in M.P.No.513 of 2021 in M.C.No.271 of 2020, on the file of the Principal Judge, Family Court, Chennai dated 11.03.2022.

For Petitioner : Mr.V.Raghavachari *****

O R D E R

This Criminal Revision Petition has been filed challenging the order dated 11.03.2022 passed in M.P.No.513 of 2021 in M.C.No.271 of 2020 on the file of the Principal Judge, Family Court, Chennai.

2. The petitioner is the wife. Respondent is the husband. The petitioner filed a maintenance case against her husband in M.C.No. 271 of 2020 before the Family Court, Chennai, seeking for maintenance in the year 2020. After one year, during the pendency of the Maintainance Case, the petitioner has filed M.P.No.513 of 2021 in the year 2021 for interim maintenance. The same was disposed of by the Family Court in the year 2022, directing the respondent to pay a sum of Rs.10,000/- as interim monthly maintenance. Challenging the said order, now the Revision Petitioner has filed the present Revision Petition.

3. Learned counsel for the petitioner submitted that since the respondent is earning monthly income of Rs.40,00,000/- [Rupees Forty Lakhs], he has to pay a sum of Rs.50,000/- as monthly maintenance amount and Rs.1,50,000/- for litigation expenses. The Family Court failed to consider the monthly income and the status of the respondent, simply ordered Rs.10,000/- as interim monthly maintenance, which warrants interference.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. Relationship of the parties is admitted and both are now residing separately is also admitted. The petitioner filed a maintenance petition in M.C.No.271 of 2020 under Section 125 Cr.P.C., in the year 2020 and the same is pending before the Family Court, Chennai. After one year, the Revision Petitioner has filed M.P.No.513 of 2021 for interim maintenance. However, the Family Court ordered interim maintenance amount of Rs.10,000/- to the petitioner. The petition under Section 125 Cr.P.C., itself is a summary proceedings and it has to be decided and disposed of within a short span of time. After one year, the petitioner has filed the miscellaneous petition for interim maintenance and also it is a well settled proposition of law that no revision would lie on any interlocutory order. Since the impugned order is not a final order and still the main maintenance case is pending before the Family Court, instead of proceeding with the maintenance case, the petitioner has filed the miscellaneous petition after one year and the same was ordered after two years. Therefore, this Court does not find any perversity in the order passed by the Family Court. Even assuming that the revision is maintainable, however, the impugned order is only an interim order and still the maintenance case is pending, the petitioner can always establish her entitlement based on the income and status of the respondent before the Family Court. The Family Court shall consider the maintenance case on merits.

6. Under these circumstances, this Court does not find any perversity in the order passed by the Family Court, Chennai. However, the petitioner is at liberty to establish her grievances before the Family Court Chennai in the case in M.C.No.271 2020.

7. In view of the above, this Criminal Revision Petition is dismissed.

Consequently, connected miscellaneous petition is closed.

15.09.2022 mfa Index:yes/No Internet:yes/No To The Principal Judge, Family Court, Chennai P .VELMURUGAN, J.

mfa and Crl.M.P.No.14234 of 2022

15.09.2022