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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J
K.Niyazdeen – Appellant
Versus
Mariam Banu @ Sana – Respondent
| Table of Content |
|---|
| 1. challenge to dismissal of maintenance case. (Para 1) |
| 2. marriage dissolution and obligations (Para 2 , 4 , 11) |
| 3. settlement and maintenance understanding (Para 3 , 5) |
| 4. arguments by the respondent regarding entitlement. (Para 6) |
| 5. court’s rationale on maintenance obligations (Para 7 , 10) |
| 6. court's observations on obligations and settlements. (Para 8 , 9) |
ORDER
This Criminal Revision Case has been filed challenging the order dated 17.05.2025 passed in M.P.No.261 of 2025 in M.C.No.439 of 2015 by the VII Additional Family Court, Chennai, thereby dismissing the petition filed under Section 125 of Code of Criminal Procedure , seeking dismissal of the maintenance case in M.C.No.439 of 2015 as not maintainable.
2. The petitioner is the husband of the first respondent herein. Their marriage was solemnized on 26.01.2013 and out of the said wedlock, the second respondent was born. Subsequently, due to misunderstandings, the respondents got separated from the petitioner and are living separately. Therefore, the respondents are not able to maintain themselves and filed a petition for maintenance in M.C.No.439 of 2015. Pending maintenance case, there was a settlement entered i
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