1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.R.C.(MD) No.51 of 2011 and M.P.(MD) No.1 of 2011 K.Manikandan . . . Revision Petitioner/Respondent Vs. Sasi @ Saraswathi . . . Respondent/Petitioner Criminal Revision Case is filed under Section 397 of the Criminal Procedure Code, praying to set aside the order made in M.C.No.2 of 2009 dated 29.10.2010, on the file of the Court of District Munsif Cum Judicial Magistrate, Papanasam. For petitioner : Mr.V.Chandrasekar For Respondent : No Appearance O R D E R The revision petitioner is the divorced husband of the respondent and challenging the vires of the order dated 29.10.2010, made in M.C.No.2 of 2009 on the file of the Court of District Munsif cum Judicial Magistrate, Papanasam, under which the petitioner was directed pay a sum of Rs.1,000/- per month towards maintenance to the respondent from the date of petition, the present Criminal Revision Case is filed. 2. The marriage between the petitioner and the respondent was solemnized on 28.01.2007 at Swaminatha Swamimalai and according the respondent, after marriage the revision petitioner did not choose to maintain her and also started giving torture to her on account of nonpayment of dowry. In this regard, the respondent lodged a complaint on 18.03.2008 on the file of All Women Police Station, Thiruvaiyaru and the said police on enquiry advised the revision petitioner to lead a life with the respondent amicably. Thereafter, the revision petitioner has set up a separate family and he once again tortured the respondent by demanding dowry and therefore, unable to bear the torture, the respondent had left the matrimonial home. 3. The respondent also filed H.M.O.P.No.11 of 2009 on the file of the Court of Subordinate Judge, Kumbakonam for divorce. Since the revision petitioner, who was arrayed as respondent did not appear, he was set exparte and exparte decree came to be passed. It is the case of the respondent that de hors the decree https://hcservices.ecourts.gov.in/hcservices/ 2 for divorce, the revision petitioner is duty bound to maintain her and therefore, filed M.C.No.2 of 2009, claiming maintenance at the rate of Rs.4,000/- per month. 4. The said petition was opposed by the revision petitioner herein by filing counter stating that once the respondent has not chosen to live with him and also got a decree of divorce, she is not entitled to maintenance. He has further stated that he is carrying on his avocation as Poosari in a temple at Semmankudi Village and he is incapable of paying a sum of Rs.4,000/- towards maintenance and hence, prays for dismissal of the petition. 5. During the course of enquiry, the respondent herein was examined as P.W.1 and his relative was examined as P.W.2 and on the side the revision petitioner, he was examined as R.W.1 and one Palanisamy was examined as R.W.2. The marriage invitation was marked as Ex.P.1 and the notice issued by the petitioner to the respondent was marked as Ex.P.2. 6. The lower Court taking into consideration of the above evidence, has directed the revision petitioner to pay a sum of Rs.1,000/- towards maintenance from 20.04.2009 and challenging the vires of the same the present Criminal Revision Case has been filed. 7. The learned counsel appearing for the revision petitioner would submit that since the respondent herself has got the divorce, she is not entitled to claim maintenance and the revision petitioner is carrying on his avocation as Poosari/ Priest and he is not capable of paying maintenance at the rate of Rs.1,000/- and the lower Court has not taken into consideration the material aspects and erroneously ordered the petition and hence, prays for setting aside the impugned order. 8. Even though the respondent has been served with notice and her name is appearing in the cause list, there is no appearance on behalf of the respondent. Hence, this Court decides the case on merits. 9. It is settled position of law, de hors divorce, the wife is entitled for maintenance, unless she specifically given up her claim for maintenance. The facts of the present case would disclose that the respondent has filed M.C.No.11 of 2009 on the file of the Court of Subordinate Judge, Kumbakonam praying for decree for divorce on the ground that the revision petitioner has ill-treated her and unable to bear with the cruelty exhorted by him, she has filed the petition for divorce. Even though the revision petitioner has stated that exparte decree for divorce came to be passed, since the respondent has not specifically given up her claim for maintenance, this Court is of the view that the revision petitioner is bound to pay the maintenance. 10. This Court taking into consideration of the fact that the revision petitioner is carrying on his avocation as Poojari in a temple at Semmangudi at Thiruvaiyaru Taluk is of the view https://hcservices.ecourts.gov.in/hcservices/ 3 that a sum of Rs.1,000/- per month awarded as maintenance to the respondent is on the higher side, instead it could be reduced to Rs.500/- per month. 11. In the result, the Criminal Revision Case is partly allowed and the impugned order in awarding a sum of Rs.1,000/- towards monthly maintenance is modified to the extent of Rs.500/- (Rupees Five Hundred) per month payable from the date of order ie., on 29.10.2010. 12. Pending disposal of this Criminal Revision Case, this Court passed interim order directing the respondent to pay a sum of Rs.750/- per month to the respondent and according to the revision petitioner the said order has been scrupulously complied with. The revision petitioner shall pay a sum of Rs.500/- per month from the date of impugned order after adjusting the excess amount paid in view of the interim order passed by this Court pending disposal of the Criminal Revision Case. Consequently, connected M.P.(MD) No.1 of 2010 is closed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To: The Court of District Munsif cum Judicial Magistrate, Papanasam. Copy to:- The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai sj rl/3c – 25.5.2011 Crl.R.C.(MD) No.51 of 2011 and M.P.(MD) No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/