IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

Crl.R.C.No.1252 of 2017

And

Crl.M.P.No.12184 of 2017

K.Sivakumar

...Petitioner

Vs.

S.Vijayalakshmi

...Respondent

Prayer:

Petition filed under Section 397 and 401 of Cr.P.C.,

seeking to set aside the order made in M.C.No.12 of 2008 dated

06.07.2017 on the file of III Additional Family Court, Chennai.

For Petitioner : Mrs.V.J.Latha

for M/s.Yogesh Kannadasan

For Respondent : Notice unserved

O R D E R

The petitioner has filed this petition seeking to set aside

the order dated 06.07.2017 passed in M.C.No.12 of 2008 by the

III Additional Family Court, Chennai.

2.The case of the petitioner is that the marriage between

the petitioner and the respondent was solemnized on 27.05.1994

at Tirupati as per the Hindu Rites and Customs. They were not

blessed with any children. Thereafter, matrimonial dispute

arose and the petitioner filed HMOP No.2636 of 2007 seeking

divorce before the Family Court, Chennai. The respondent filed

HMOP No.2975 of 2006 for restitution of conjugal rights and

M.C.No.12 of 2008 for maintenance before the Family Court,

Chennai. The Family Court, Chennai, clubbed all the cases

together and passed a common order, wherein, HMOP No.2636 of

2007 filed by the petitioner seeking divorce was dismissed,

HMOP No.2975 of 2006 filed by the respondent for restitution of

conjugal rights was allowed and the respondent was awarded a sum

of Rs.15,000/- as maintenance. Aggrieved by the same, the

petitioner has filed this revision.

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3.The learned counsel appearing for the petitioner would

submit that as against the rejection of divorce, the petitioner

has filed C.M.A.No.287 of 2017 and the same is pending before

this Court. She further submitted that the respondent is having

sufficient income and she is staying in her parents house and

hence the amount of Rs.15,000/- awarded as maintenance in favour

of the respondent is exorbitant one. Accordingly, she prayed

for allowing the revision.

4.Though this revision has been filed in the year 2017, till

date, the petitioner has not taken any steps to serve notice on

the petitioner. Hence, this Court is inclined to decide the

revision based on the materials available on record.

5.The fact in the present case is not disputed. Admittedly,

HMOP No.2636 of 2007 filed by the petitioner seeking divorce

was dismissed by the lower Court and as against the rejection of

divorce, the petitioner has filed C.M.A. in C.M.A.No.287 of 2017

and the same is pending before this Court. The present dispute

is for the maintenance awarded to the respondent, whether it is

exorbitant or not and when the appeal filed against the

rejection of divorce is pending before this Court, whether the

respondent is entitled for maintenance.

6.Though appeal has been filed by the petitioner as against

the rejection of divorce, the same is pending before this Court

without any interim order. Hence, there is no bar for awarding

maintenance to the respondent. Even though the petitioner

succeeds in the same and divorce is granted, the respondent is

entitled for maintenance till she marries another person as per

Section 125 of Cr.P.C. Considering the present cost of living,

the amount of Rs.15,000/- awarded as maintenance in favour of

the respondent cannot be said to be on the higher side and it is

just and reasonable. Hence, there is no reason for denying the

maintenance awarded in favour of the respondent and this Court

is not inclined to interfere with the order dated 06.07.2017

passed in M.C.No.12 of 2008 by the III Additional Family Court,

Chennai.

7.This revision is accordingly dismissed. Consequently, the

connected miscellaneous petition is closed.

Sd/-

Assistant Registrar(CS-VI)

//True Copy//

Sub Assistant Registrar

pri

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