IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2019

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN

Crl.R.C.No.325 of 2019

K.Chandra Mohan

.. Petitioner

Vs.

Pranitha

Rep. by her mother

S.Jothi

.. Respondent

Criminal Revision filed under Sections 397 and 401

Cr.P.C., praying to call for the records pertaining to the

order passed by the Principal Family Court, Chennai in

MP.No.1072/2018 in MC.No.209/2018 dated 09.02.2018 and set

aside the same. And consequently fix the resonable interim

maintance considering the income of the Petitioner.

For Petitioner : Mr.M.R.Senthilkumar

For Respondent : Mr.D.Baskar

***

O R D E R

This Criminal Revision has been filed to call for the

records pertaining to the order passed by the Principal

Family Court, Chennai in MP.No.1072/2018 in MC.No.209/2018

dated 09.02.2018 and set aside the same.

2. The minor child filed the petition against her father

seeking maintenance. While the maintenance case is pending

before the Family Curt, Chennai in MC.No.209 of 2018, the

minor child filed the petition for interim maintenance in

MP.No.1072 of 2018. The learned Family Court Judge, Chennai

considered that there is no source to maintain herself and

awarded a sum of Rs.2,500/- per month towards interim

maintenance, as against the said order, the father filed the

present revision before this Court.

3. The learned counsel appearing for the revision

petitioner would submit that the petitioner is working as a

salesman in TASMAC and he is earning a sum of Rs.7,500/- per

month. Since he has to maintain his age old parents, he is

not in a position to pay a sum of Rs.2,500/- per month to the

child.

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4. Heard the learned counsel appearing for the revision

petitioner, the learned counsel appearing for the respondent

and also perused the materials on record.

5. The minor child filed the petition through her mother

for maintenance in MC No.209 of 2018 before the Family

Court. Simultaneously, the minor child filed the petition in

MP.No.1072 of 2018 seeking interim maintenance. The

proceedings under Section 125 Cr.P.C is a summary in nature.

Further, if the person, who is having sufficient means,

neglected or refused to maintain the child, the child is

entitled to get maintenance. In this case, admittedly, the

child did not have any property on its own and does not have

any source to maintain itself and therefore, filed the

petition against her father.

6. Though the learned counsel for the petitioner

submitted that the petitioner is jobless and he has no money

before the Family Court, Chennai, he is admitted that the

petitioner is working as a salesman in TASMAC shop and he is

getting a sum of Rs.7,500/- per month and he is maintaining

his age old parents. No doubt as a dutiful son, he is liable

to maintain his age old parents and at the same time, he is

liable to maintain his minor child as a dutiful father.

7. This Court is of the view that the income and other

means can be decided in MC.No.209 of 2018. Since it is only

an interim order, the petitioner is liable to pay a sum of

Rs.2,500/- per month to the respondent/minor child towards

monthly maintenance. This Court does not find any perversity

in the order passed by the Family Court, Chennai.

8. Accordingly, this Criminal Revision Case is

dismissed. However, the parties are at liberty to raise all

their contentions before the Family Court, Chennai in

MC.No.209 of 2018.

Sd/-

Assistant Registrar(CS)

//True Copy//

Sub Assistant Registrar

kmi

To

1.The Principal Judge,

Family Court, Chennai.

+1cc to Mr.D.Baskar , Advocate SR.No. 33936

Crl.R.C.No.325 of 2019

A.SK(17/09/2019)

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