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2026 Supreme(Online)(Mad) 49181

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Shamim Ahmed, J
R. Muthukumarasamy – Appellant
Versus
C. Vennila – Respondent
CRL RC No. 250 of 2026



Advocates:
For the Appellants/Petitioners: D. Baskar

Section 125 of the Code of Criminal Procedure is a social welfare provision designed to prevent destitution, requiring maintenance amounts to be fair, reasonable, and reflective of the cost of living rather than being mechanically reduced without evidence of lower court impropriety.

Headnote:The proceedings concern a challenge to a maintenance order passed under Section 125 of the Code of Criminal Procedure, 1973, wherein the Trial Court directed the payment of Rs. 15,000 per month to the wife and minor child. The Appellant contended that the Respondent resided separately without reasonable cause and that the financial capacity of the Appellant was not adequately assessed. The core issue was whether the quantum of maintenance fixed was excessive or unreasonable. The Court reasoned that Section 125 of the Code of Criminal Procedure, 1973, is a social welfare provision intended to prevent vagrancy and destitution. Finding the maintenance amount to be consistent with the cost of living and the status of the parties, the Court determined there was no illegality in the lower court's finding. The Criminal Revision Case is dismissed, upholding the maintenance order as consistent with the ends of justice.

Table of Content
1. overview of the revision petition against an existing maintenance order. (Para 1 , 2)
2. contentions regarding the financial capacity and the voluntary separation of the spouse. (Para 3 , 4)
3. judicial assessment of maintenance obligations under section 125 crpc. (Para 5 , 6)
4. final adjudication dismissing the revision due to lack of merit. (Para 7 , 8)

ORDER

1. This Criminal Revision Case is filed to set aside the order dated 25.11.2025 passed in M.C.No. 29/2021 on the file of the Family Court, Cuddalore.

2. The facts of the case are that the Revision Petitioner and the 1st Respondent got married on 20.06.2011 and the 2nd Respondent is the minor male child, born to them. Due to matrimonial dispute, the 1st Redpondent had left the matrimonial home and filed MC.No.29 of 2021, seeking maintenance before the Trial Court. By the impunged order of the Trial Court, a sum of Rs.15,000/- p.m. was ordered to be paid to the Respondents (Rs.5000/= to the 1st Respondent and Rs.10,000/- to the child/2nd Respondent) as maintenance. Hence, this Criminal Revision Case has been filed by the Revision Petitioner, seeking the relief, as stated above.

3. This Court heard Mr.D.Baskar, the learned counsel for the Revision Petitioner.

4. The learned counsel for the Revision Petitioner has submitted that the court below failed to appreciate the fact that the 1st Respondent voluntarily refused to live with him, without any reasonable cause and that without considering the liabilities and the financial status of the Revision Petitioner, the Trial Court had passed the impugned order, granting maintenance to the tune of Rs.15,000/- p.m. to the 1st Respondent (Rs.5,000/-) and the child/2nd Respondent (Rs.10,000/-) and that without proper application of mind, the impugned order had been passed in a mechanical manner and hence, this Criminal Revision Case is liable to be allowed, as prayed for.

5. This Court considered the submissions of the learned counsel for the Revision Petitioner on either side and also perused the entire materials placed on record.

6. The facts that the Revision Petitioner is the husband of the 1st Respondent and they got a minor child/2nd Respondent, have not been denied. The amount fixed towards interim maintenance by the Court Below is Rs.15,000/- for the 11st Respondent and the child/2nd Respondent, which, in the present days of rising prices and high cost of living, cannot be considered as excessive or disproportionate or unreasonable. The said monetary relief granted to the Respondents, by the courts below is adequate, fair and reasonable and consistent with the standard of living, to which the aggrieved person is accustomed. The provisions of Section 125 of Cr.PC are enacted to stop the vagrancy of a destitute wife and provide some succour to them, who are entitled to get the maintenance, which cannot be denied. Further, the learned counsel for the Revision Petitioner has not been able to point out any illegality or impropriety or incorrectness in the impugned orders, granting such quantum of maintenance, warranting interference by this Court.

7. In such circumstances, to meet the ends of justice, the impugned orders does not require any interference by this Court, as this court does not find any illegality or impropriety or incorrectness in the impugned orders and this Criminal Revision Case lacks merits and hence, it is liable to be dismissed.

8. In the result, the Criminal Revision Case stands dismissed, as devoid of merits. There is no order as to costs.

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