Child unable to maintain herself is entitled to maintenance: Madras High Court

Crl.R.C.No.1921IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.04.2021CORAM:THE HON BLE Mr. JUSTICE P.VELMURUGANCriminal Revision Case No.1921and Crl.M.P.No.47021Navira Krishnan (Minor)Rep.by her Natural Guardian MotherMrs.P.Jayabharathy ... Petitioner..vs.. S.N.Venkatakrishnan... RespondentCriminal Revision Case filed under Section 397 and 401 Cr.P.C to set aside the order passed by the learned VI Additional Family Court Judge Chennai in M.C.No.4518 dated 22.12.2020 to the extent of the maintenance awarded of Rs.5 000 to the petitioner and direct the respondent to pay the enhanced maintenance of Rs.12 500 to the petitioner from the date of filing the petition.For Petitioner :Mr.S.SaravananFor Respondent:Mr.V.KannadasanPage No.1 6 https: www.mhc.tn.gov.in judis Crl.R.C.No.1921O R D E RThis Criminal Revision Case has been filed against the order dated 22.12.2020 in M.C.No.4518 passed by the learned VI Additional Principal Judge Family Court Chennai.2.The learned counsel for the petitioner would submit that the petitioner is a minor child represented by her mother viz. Mrs.P.Jayabharathy. The respondent is the father of the petitioner. The marriage between the petitioner s mother and the respondent was solemnized on 16.6.2016 and out of their wedlock the petitioner herein born on 11.07.2017. Subsequently the parents of the petitioner were living separately and the petitioner is under the care and custody of her mother. The respondent father is an employee of Southern Railways as Engineer and he is earning more than one lakh per month and the respondent was not taking care of his child. Hence the mother of the petitioner minor child filed a petition in M.C.No.4518 under Section 125 Cr.P.C before the learned VI Additional Principal Judge Family Court Chennai seeking maintenance of Rs.12 500 per month. Page No.2 6 https: www.mhc.tn.gov.in judis Crl.R.C.No.1921However the learned Judge without considering the cost of living prevailing as on date ordered Rs.5 000 per month as maintenance. Challenging the same the petitioner filed the present petition seeking enhancement of the award amount.3.The learned counsel for the respondent would submit that the mother of the petitioner filed a petition under Domestic Violence Act and also receiving Rs.15 000 per month as interim maintenance to herself and the minor child. Subsequently the petitioner filed a maintenance case in M.C.No.4518 and the leaned Judge ordered Rs.5 000 per month as maintenance to the petitioner. He would further submit that the petitioner s mother has voluntarily left the matrimonial home the respondent is ready to take care of his child. Hence he objects to enhancement of the maintenance amount.4.Heard the learned counsel for the petitioner and the learned counsel for the respondent and also perused the materials available on record.Page No.3 6 https: www.mhc.tn.gov.in judis Crl.R.C.No.19215.Admittedly the paternity of the petitioner minor child is not in dispute. The ingredients of Section 125 of Cr.P.C clearly shows that the child who is unable to maintain herself is entitled for maintenance. In the present case the petitioner is under the care and custody of her mother and she does not have any independent income to maintain herself and also her minor child. The respondent father has not established the fact that the petitioner and her mother are having sufficient income to maintain themselves. The learned Judge failed to consider the cost of living prevailing as on date and ordered only Rs.5 000 per month as maintenance to the petitioner which is not sufficient for the child.6.In the light of the above facts and circumstances this Court is inclined to modify the order dated 22.12.2020 in M.C.No.4518 passed by the learned VI Additional Principal Judge Family Court Chennai to the effect that the maintenance amount Rs.5 000 per month ordered by the Court below to the petitioner is enhanced to Rs.20 000 per month from the date of filing of the above case.Page No.4 6 https: www.mhc.tn.gov.in judis Crl.R.C.No.19217.With the above observation this Criminal Revision Case is allowed. Consequently connected miscellaneous petition is closed.29.04.2021Internet: Yes NomsToThe VI Additional Principal Judge Family Court Chennai.Page No.5 6 https: www.mhc.tn.gov.in judis Crl.R.C.No.1921P.VELMURUGAN J.msCrl.R.C.No.1921and Crl.M.P.No.4702129.04.2021Page No.6 6 

Summary: An unmarried daughter unable to maintain herself is entitled to claim maintenance under the Hindu Adoption and Maintenance Act, 1956. A single judge bench of Justice P Velmurugan, while adjudicating the matter in Navira Krishnan v. SN Venkata Krishnan [Crl.M.P.No.4709 of 2021]; dealt with the issue of providing maintenance to the wife and her child. The learned counsel for the petitioner submits that the petitioner is a minor child represented by her mother viz., Mrs. P Jayabharathy. The respondent is the father of the petitioner. The marriage between the petitioner’s mother and the respondent was solemnized on 16.6.2016 and out of their wedlock, the petitioner herein born on 11.07.2017. Subsequently, the parents of the petitioner were living separately and the petitioner is under the care and custody of her mother. The respondent/father is an employee of Southern Railways as Engineer and he is earning more than one lakh per month and the respondent was not taking care of his child. Hence, the mother of the petitioner/minor child filed a petition in M.C.No.453 of 2018 under Section 125 Cr.P.C before the learned VI Additional Principal Judge, Family Court, Chennai seeking maintenance of Rs.12,500/- per month. However, the learned Judge, without considering the cost of living prevailing as on date ordered Rs.5,000/- per month as maintenance. Challenging the same, the petitioner filed the present petition seeking enhancement of the award amount. The learned counsel for the respondent would submit that the mother of the petitioner filed a petition under Domestic Violence Act and also receiving Rs.15,000/- per month as interim maintenance to herself and the minor child. Subsequently, the petitioner filed a maintenance case in M.C.No.453 of 2018 and the leaned Judge, ordered Rs.5,000/- per month as maintenance to the petitioner. He would further submit that the petitioner’s mother has voluntarily left the matrimonial home, the respondent is ready to take care of his child. Hence, he objects to enhancement of the maintenance amount. The Court upon considering the aforesaid facts stated that “Admittedly, the paternity of the petitioner/minor child is not in dispute. The ingredients of Section 125 of Cr.P.C clearly shows that the child who is unable to maintain herself is entitled for maintenance. In the present case, the petitioner is under the care and custody of her mother and she does not have any independent income to maintain herself and also her minor child. The respondent/father has not established the fact that the petitioner and her mother are having sufficient income to maintain themselves. The learned Judge failed to consider the cost of living prevailing as on date and ordered only Rs.5,000/- per month as maintenance to the petitioner, which is not sufficient for the child. In the light of the above facts and circumstances, this Court is inclined to modify the order dated 22.12.2020 in M.C.No.453 of 2018 passed by the learned VI Additional Principal Judge, Family Court, Chennai, to the effect that the maintenance amount Rs.5,000/- per month ordered by the Court below to the petitioner is enhanced to Rs.20,000/- per month from the date of filing of the above case” Click here to read the judgment.