O R D E R

This Criminal Revision Case has been filed against the order dated

15.11.2019 passed in F.C.M.C.No.82 of 2018 on the file of the Judge, Family Court , Vellore.

2. Petitioner is the husband. The first respondent is the divorced wife. Second and third respondents are their children. The petitioner has filed a petition for divorce against the first respondent before the Family Court, Vellore and it was ordered on 14.06.2018 in favour of the petitioner on the ground of cruelty. The respondents filed the maintenance case in F.C.M.C.No.82 of 2018 on the file of the Family Court Judge, Vellore. After enquiry, the Judge, Family Court directed the petitioner to pay sum of Rs.5,000/- per month to each of the respondents towards maintenance amount and sum of Rs.10,000/- towards litigation expenses. Aggrieved over the same, the petitioner has filed the present Criminal Revision Case.

3. Learned counsel for the petitioner would submit that the Criminal Revision Case would not lie as per latest decisions of this Court. However, the petition under Section 125Cr.P.C., itself summary in nature, hence this Court is not agreed with the contention of the learned counsel for the petitioner.

4. Learned counsel for the petitioner/husband would submit that the first respondent/wife has not discharged her duties as a dutiful wife. The petitioner has filed a petition for divorce against the first respondent before the Family Court, Vellore and it was ordered on 14.06.2018 in favour of the petitioner on the ground of cruelty. Since the same has not been challenged by the first respondent, order passed by the competent court attains finality. Hence the first respondent is not entitled to get any maintenance amount from the petitioner. However, even now, all the respondents are residing under the same roof. He purchased the property in the name of his wife/the first respondent. The Judge, Family Court did not accept the same, since the petitioner has not produced any documentary evidence to show that he purchased property in the name of the first respondent. He submitted that he is ready to maintain the children. Further he submitted that he is not liable to pay maintenance amount to his wife on two reasons. One of the reason is he obtained divorce from the first respondent on the ground of cruelty and the other is she has not behaved as a normal wife and she has not taken care of the husband as a dutiful wife.

5. Per contra, learned counsel for the respondents would submit that as a dutiful husband, the petitioner is liable to pay maintenance amount to the first respondent and as a dutiful father, he is liable to pay maintenance amount to the children. When the petitioner is having sufficient means and the respondents are unable to maintain themselves, the petitioner failed to maintain the respondents. Hence, they filed the maintenance case in F.C.M.C.No.82 of 2018 on the file of the Family Court, Vellore. Though they are residing in the same roof, petitioner is not providing any support to run the family. Unless the petitioner pay the maintenance amount, it is difficult to provide good education to the children. Hence, the Judge, Family Court rightly ordered maintenance amount and there is no merit in this Revision Case and the same is liable to be dismissed.

6. Heard learned counsel on either side and perused the materials available on record.

7. Admittedly, petitioner and the first respondent are husband and wife. Second and third respondents are their children. The petitioner has filed a petition for divorce against the first respondent in FCOP.No.69 of 2015 before the Family Court, Vellore and it was ordered on 14.06.2018 in favour of the petitioner on the ground of cruelty. No doubt, divorced wife is also entitled to get maintenance, whereas, in this case, the petitioner has got divorce on the ground of cruelty and the same has not been challenged by the first respondent/wife. Since the petitioner got divorce on the ground of cruelty against t