The court affirmed the maintenance order as justified considering financial capability and grounds for divorce.

ORDER

This Criminal Revision Case has been preferred against the order dated 26.09.2024 passed in M.C.No.47 of 2023 by the Family Court, Dharmapuri, thereby ordering monthly maintenance of Rs.7,000/- in favour of the respondent herein.

2. Heard the learned counsel appearing for the petitioner and also perused the materials available on record.

3. The marriage between the petitioner/husband and the respondent/wife was solemnized on 07.02.2020 at respondent's house as per Hindu Rites and Customs and the marriage expenses were borne by respondent's parents. At the time of marriage, the respondent's family gifted seven sovereigns of gold and household articles on demand. Thereafter, due to misunderstanding, the respondent was driven out from the matrimonial house. Hence, the respondent had filed a maintenance case under Section 125 of Cr.P.C. in M.C.No.47 of 2023 on the file of Family Judge, Dharmapuri, claiming monthly maintenance of Rs.15,000/- and Rs.2,00,000/- p.a. for medical and other expenses. After adjudication, the Trial Court awarded a sum of Rs.7,000/- as monthly maintenance to the respondent. Aggrieved by the same, the present revision is filed by the petitioner/husband.

4. The learned counsel appearing for the petitioner submitted that the petitioner had already filed a petition for divorce in O.P.No.48 of 2022 on the grounds of dessertion and cruelty, however it was dismissed. Aggrieved by the same, the petitioner has preferred an appeal and the same is pending. He further submitted that the petitioner is working as assistant in the cloth shop and therefore, there is no source of income to pay a sum of Rs.7,500/- as maintenance.

5. On a perusal of the records, it was revealed that after full-

fledged trial and considering the income of the petitioner, the Trial Court ordered only a meagre maintenance of Rs.7,000/- p.m. That apart, the divorce petition filed by the petitioner on the grounds of dessertion and cruelty was also dismissed on the ground that both the grounds raised by the petitioner were not proved by him. Therefore, the Trial Court rightly awarded monthly maintenance in favour of the respondent and this Court does not find any infirmity or illegallity in the order passed by the trial court.

6. Accordingly, the Criminal Revision Case is dismissed.