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Paramasivam vs Shanthi

Madras High Court|06 February, 2017

JUDGMENT / ORDER

This revision arises against the order of learned Judicial Magistrate II, Salem, passed in M.C.No.1 of 2014 on 11.03.2015.
2. Petitioner and respondent are husband and wife. Respondent preferred M.C.No.1 of 2014 on the file of learned Judicial Magistrate II, Salem, seeking maintenance in a sum of Rs.10,000/- p.m. Court below, under the impugned order, directed petitioner to pay a sum of Rs.5,000/- towards monthly maintenance to the respondent. Against such order, the present revision has been filed.
3. Heard learned counsel for petitioner and learned counsel for respondent.
4. In directing payment of maintenance, Court below found that though the petitioner has levelled allegation against respondent that she is having illegal relationship, he has not proved the same. It was the case of petitioner that the respondent is doing tailoring and earning sufficiently, but the same has not been established. Considering the fact that petitioner is an employee of Central Government and earning a sum of Rs.24,922/- p.m. as also taking into consideration the duty of petitioner to maintain the respondent/his wife, Court below has granted maintenance in a sum of Rs.5,000/- p.m. as against the claim of Rs.10,000/- p.m. This Court finds no reason to interfere with the order of Court below.
The Criminal Revision Case shall stand dismissed. If there is any change of circumstance which necessitates alteration of the order of the Court below, it will be open to petitioner to move there regards u/s.127 Cr.P.C. Connected miscellaneous petition is closed. 06.02.2017 Index:yes/no Internet:yes/no gm To The Judicial Magistrate II, Salem.
C.T. SELVAM, J gm Crl.R.C.No.352 of 2015 06.02.2017 http://www.judis.nic.in
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Title

Paramasivam vs Shanthi

Court

Madras High Court

JudgmentDate
06 February, 2017