Criminal Revision Case filed under Section 438 r/w 442 of BNSS, to set aside the order passed in M.C.No.17 of 2024 dated 15.10.2025 by the learned VI Additional Judge, Family Court, Chennai.

Order

The instant Criminal Revision has been filed by the son of the respondent, who is aggrieved by the order dated 15.10.2025 passed in MC No.17 of 2024 awarding monthly maintenance of Rs.75,000/-, payable by him to the respondent.

The facts leading to the filing of this revision, are as follows:

(i) The respondent herein had sought for maintenance from the petitioner, stating that he was 80 years old; that he was unable to maintain himself; that he was the Proprietor of a company by name, M/s Conjap Electronics Industries, which was involved in the business of manufacturing and sale of household appliances and goods, computers, etc.; that he was successful in his business till the age of 80; that he built his business from the age of 17; that out of his business income, he had purchased various properties in and around the city; that he had provided good education to his children including the petitioner herein; that in the year 2021, the petitioner expressed his desire to join the business; that he gave 50% share in the business to the petitioner; that he had purchased an apartment at Perambur and shifted along with the petitioner and his family to the said flat; that the petitioner in collusion with his wife had deceived him to execute a settlement deed; that the petitioner incorporated his own company, viz., M/s. Conjap Electronics Private Limited, held almost all the shares in his name and in his wife’s name and diverted the business of the concern run by the respondent; that thereafter, the attitude of the petitioner changed and taking advantage of the respondent's sickness, the petitioner defrauded him; that the petitioner prevented the respondent from going to his office and taking care of the business; that the petitioner had stopped paying the electricity bill, maintenance charges and the property tax of the apartment, which was settled in his favour by the respondent; that because of the petitioner's acts, he is unable to maintain himself and does not have any source of income.

(ii) The petitioner herein filed a counter stating that he is one of the four children born (the other children are daughters) to the respondent; that he had never shirked his responsibility as he is the only son; that the respondent always subjected his entire family, including the mother of the petitioner, who died on 27.04.2012, to ill-treatment; that he had extra-marital affairs; that in August 2010, the petitioner left the house along with his wife; that thereafter, he joined the respondent in the business run by him; that he developed the business; that in the year 2017, he decided to shift with the family to live with the respondent in the flats purchased by him; that after some time, differences arose between the petitioner and the respondent; that hence, the petitioner left the house; that in the meanwhile, the respondent had settled the property in his name, retaining life interest; that thereafter, the respondent sought for cancellation of the settlement deed before the authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2017 [in short, ‘the Senior Citizens Act’], and failed; that the respondent has filed the maintenance petition as an afterthought; that the respondent owns several commercial properties at Mount Road and a residential house at Purasawalkam; that the respondent earns substantial money towards rent; that he earns income from his Proprietorship concern and he has fixed deposits to the tune of more than Rs.10 Lakhs; that the respondent's conduct in seeking a life partner in the matrimonial site was not approved by any of the family members and has brought disrepute to the family; and hence, sought for dismissal of the maintenance petition.

(iii) Before the Family Court, the respondent examined hims