PRAYER: This Criminal Original Petition is filed under Section 482 of Cr.P.C. to setaside the order, dated 24.11.2020 in Crl.R.C.No.25 of 2020 on the file of the II Additional District and Sessions Judge, Thanjavur and that of the order, dated 12.03.2020 made in M.C.No.7 of 2016 on the file of the Judicial Magistrate, Thiruvaiyaru and allow the Criminal Original Petition.

ORDER

This Criminal Original Petition is filed to set aside the order, dated 24.11.2020 in Crl.R.C.No.25 of 2020 on the file of the II Additional District and Sessions Court, Thanjavur and that of the order, dated 12.03.2020 made in M.C.No.7 of 2016 on the file of the learned Judicial Magistrate, Thiruvaiyaru.

2. Brief facts of the case.

The petitioner and the respondent are spouses and their marriage was solemnized on 27.06.1988. Out of wedlock, they have a son and a daughter. Due to some misunderstanding, they are living separately. The petitioner has filed HMOP.No.68 of 2016 before the Additional Subordinate Court, Thanjavur, seeking a divorce against the respondent. The respondent has filed M.C.No.7 of 2016 before the Judicial Magistrate Court, Thiruvaiyaru, seeking maintenance U/s.125 of the Cr.P.C. from the petitioner, as the petitioner is getting a pension from the Army and also earning income as an LIC agent, but he is not maintaining her and her children. The petitioner has contended that the respondent is receiving rents from the houses constructed by him and also their children are in a good position and living with the respondent.

3.The learned Judicial Magistrate, Thiruvaiyaru, heard both sides contentions and passed an order, dated 12.03.2020 directing the petitioner to pay Rs.10,000/- p.m to the respondent towards maintenance.

4.Aggrieved by the order of the learned Judicial Magistrate, Thiruvaiayur, the petitioner preferred a criminal revision in Crl.R.C.No.25 of 2020 before the II Additional District and Sessions Court, Thajavur. The criminal revision petition was partly allowed by the first Appellate Court by its order, dated 24.11.2020 and modified the quantum of monthly maintenance as Rs.8,000/- from Rs.10,000/-.

5.Being not satisfied with the order of the learned II Additional District and Sessions Judge, Thanjavur, the petitioner has preferred this Criminal Original Petition under Section 482 of Cr.P.C.

6.Heard both sides and perused the records in this Criminal Original Petition.

7.The learned counsel for the petitioner has argued that the petitioner is 63 years old retired ex-serviceman. He was thrown out from the house constructed by him. The petitioner allowed the respondent to live in his own house and to receive rents from the tenants. So, maintenance is not necessary. Though the trial Court came to the conclusion that the respondent is residing in the house constructed by the petitioner and is receiving rent of Rs.6,500/- p.m., it has passed an order directing the petitioner to pay Rs.10,000/- p.m. to her. The first Appellate Court has modified the maintenance amount to Rs.8,000/-, though upholding that the respondent is residing in his own house and receiving rent from rental houses. The petitioner is ready to allow the respondent to receive rent till her death. The respondent is also getting Rs.20,000/- p.m from her properties from rented shops. Their children are now earning members and they are taking care of their mother, the respondent herein, ignoring their father, the petitioner. The petitioner has aged and is living with only a pension of Rs.14,916/-, which is insufficient for his maintenance. Therefore, the order of maintenance may be set aside.

8.Per contra, the learned counsel for the respondent vehemently contended that the petitioner has not paid a single pie even after the order of the Court directing him to pay maintenance. So far, there is an arrear of Rs.8,24,000/- from the petitioner, let him settle the arrear amount first. The respondent is also aged and is not an earning member. The petitioner is getting a pen