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Z.Sheinsha Sadham Hussain v. A.R.Rubina

DISMISSED
Court
High Court of Madras
Decided
16 July 2026
Bench
Shamim Ahmedauthor
Case no.
CRL RC 1459/2026

Judgment

O R D E R This Criminal Revision Case is filed to set aside the judgment passed by the III Additional Family Court at Chennai in M.C.No. 543 of 2022 dated

21.11.2024.

2.The facts of the case are that the Revision Petitioner and the Respondent got married on 14.03.2021. The Respondent had filed M.C.No.543 of 2022, seeking interim maintenance before the Trial Court. In the said M.C.No.543 of 2022 filed under Section 125 of Cr.P.C., by the impunged order Page1 of 4 of the Trial Court, a sum of Rs.10,000/- p.m. was ordered to be paid to the Respondent as an interim maintenance. Hence, this Criminal Revision Case has been filed by the Revision Petitioner, challenging the same.

3.The learned counsel for the Revision Petitioner has submitted that the court below failed to appreciate the fact that the Respondent voluntarily refused to live with him, without any reasonable cause and that without considering the liabilities and the financial status of the Revision Petitioner and also the source of income available to the Respondent, the Trial Court had passed the impugned order, granting interim maintenance to the tune of Rs.10,000/- p.m. to the Respondent and that without proper application of mind, the impugned order had been passed in a mechanical manner and hence, this Criminal Revision Case is liable to be allowed, as prayed for.

4.This Court considered the submissions of the learned counsel for the petitioner and also perused the entire materials placed on record.

5.The facts that the Revision Petitioner is the husband of the Respondent is not been denied. The amount fixed towards interim maintenance by the Court Below is Rs.10,000/- for the Respondent, which, in the present days of rising prices and high cost of living, cannot be considered as excessive or disproportionate or unreasonable. The said monetary relief granted to the Page2 of 4 Respondent, by the courts below is adequate, fair and reasonable and consistent with the standard of living, to which the aggrieved person is accustomed. The provisions of Section 144 of BNSS are enacted to stop the vagrancy of a destitute wife and provide some succour to them, who are entitled to get the maintenance, which cannot be denied. Further, the learned counsel for the Revision Petitioner has not been able to point out any illegality or impropriety or incorrectness in the impugned orders, granting such quantum of maintenance, warranting interference by this Court.

6.In such circumstances, to meet the ends of justice, the impugned order does not require any interference by this Court, as this court does not find any illegality or impropriety or incorrectness in the impugned order and this Criminal Revision Case lacks merits and hence, it is liable to be dismissed.

7.In the result, the Criminal Revision Case stands dismissed, as devoid of merits. Consequently, connected Miscellaneous Petition is closed. 16-07-2026 Index: Yes/No Speaking/Non-speaking order GSA Page3 of 4 SHAMIM AHMED J. GSA To

1.The Public Prosecutor, Madras High Court.

2.The III Additional Principal Judge, Family Court, Chennai. AND CRL MP NO. 12508 OF 2026 16-07-2026 Page4 of 4

Case details

Parties and counsel

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE MR.JUSTICE SHAMIM AHMED AND CRL MP NO. 12508 OF 2026 Z.Sheinsha Sadham Hussain ..Petitioner(s) Vs A.R.Rubina ..Respondent(s) PRAYER – This Criminal Revision Case is filed under Section 438 r/w 442 BNSS, to call for the records and set aside the order dated 21.11.2024 made in MC.No.543 of 2022 on the file of the III Additional Family Court at Chennai. For Petitioner(s): Mr.M.G.Abdul Jaleel

Source: High Court of Madras, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.