1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2011 CORAM: THE HONOURABLE MR.JUSTICE S.TAMILVANAN Crl.R.C (MD).No.560 of 2011 G.Mahesh @ Chinna Maruthu ... Petitioner / Respondent vs. M.Manjula ... Respondent/Petitioner Criminal Revision Petition filed under Section 397 r/w 401 Cr.P.C., against the order, dated 07.03.2011 passed in M.C.No.25 of 2007 on the file of the Chief Judicial Magistrate, Madurai. For petitioner : Mr.K.Sanjai Gandhi of M/S.P.Andiraj For respondent : Mr.K.Balasundharam ORDER This Criminal Revision has been preferred under Section 397 r/w 401 Cr.P.C., challenging the order, dated 07.03.2011 made in M.C.No.25 of 2007 on the file of the Chief Judicial Magistrate, Madurai. 2. Heard both the learned counsel appearing for the petitioner as well as the respondent. 3. It is an admitted fact that the petitioner herein is the husband of the respondent and the respondent herein filed a petition in M.C.No.25 of 2007 before the Chief Judicial Magistrate, Madurai, under Section 125 of the Code of Criminal Procedure, seeking maintenance. 4. The respondent herein herself was examined as P.W.1 before the Court below. In support of her contention, Ex.P.1 was also marked. The revision petitioner herein himself was examined as R.W.1 and Exs.R.1 and R2 were marked on the side of the revision petitioner / respondent. 5. Considering the evidence available on record and also the arguments advanced by the learned counsel for both sides, the Court below, by the impugned order, directed the revision petitioner / respondent to pay Rs.2,500/- towards monthly maintenance to the respondent. Aggrieved by which, this revision has been preferred. 6. Learned counsel appearing for the respondent submitted that the petitioner is a cable operator and also a partner in a firm, running financial institution in the name and style of JKMR at Thiruparankundram, Madurai and he has admitted that he has one house worth Rs.8 lakhs and also another house, getting rental income of Rs.3,000/- per month. As per the findings of the Court below, the petitioner is getting a monthly income of Rs.20,000/-. The respondent, being a house wife, having aged father could not maintain herself. 7. Per contra, learned counsel appearing for the revision petitioner submits that the petitioner is not getting monthly income at Rs.20,000/-, however, he has not disputed the admission made by https://hcservices.ecourts.gov.in/hcservices/ 2 the petitioner that he has owned a house worth Rs.8 lakhs and another house, which is fetching rental income of Rs.3,000/- per month. 8. There is no evidence on the side of the revision petitioner to show that the respondent herein is capable of maintaining herself or getting any income from any other source and therefore, I could find no error in the findings of the Court below that the respondent, wife of the petitioner is incapable of maintaining herself and therefore, it has been established that the respondent is entitled to get maintenance from the petitioner , who is none other than her husband. 9. Now the Court has to decide the correctness and the reasonableness of the quantum of maintenance awarded by the Court below. 10. It is not in dispute that the revision petitioner has admitted that there are two house owned by him and from one of the said houses, he is getting rental income of Rs.3,000/- per month and also doing his business as partner and also cable operator and therefore, I could find no error in the findings of the Court below that the petitioner is getting approximately monthly income of Rs.20,000/-. In the aforesaid circumstances, hence, awarding monthly maintenance at Rs.2,500/- could not be exorbitant or on the higher side. 11. Considering the arguments advanced by both the learned counsel and the material papers available on record, I am of the view that the revision is not legally sustainable and accordingly, the same is liable to be dismissed. 12. In the result, this Criminal Revision Petition is dismissed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The Chief Judicial Magistrate,Madurai. +1cc to Mr.K.Balasundharam, Advocate, Sr.No.42470 +1cc to Mr.P.Andiraj, Advocate, Sr.No.42083 Crl.R.C.(MD).No.560 of 2011 tsvn SMA/19.12.2011/4C/2p https://hcservices.ecourts.gov.in/hcservices/