P.Deivanayaki v. N. Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-03-2026 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN and CRL.MP.No.18818 of 2019 Crl.R.C.No.1214 of 2019

¶1P.Deivanayaki

¶2Minor P.S. Sri Vatshaav Petitioner(s) Vs N. Prakash Respondent(s) CRL RC No. 1480 of 2019 N.Prakash Petitioner(s) Vs

¶1P. Deivanayagi

2.Minor.P.D.Srivatshaav Rep. by Mother and Guardian, P.Deivanayagi No.4/15, Muthaiyah Mudali Street, 1st Lane, Old Washermanpet, Chennai-600 021. Respondent(s) PRAYER in both Revision Petitions: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., to set aside the order dated 18.09.2019 made in M.C.No.618 of 2015 on the file of the II Additional Family Court, Chennai. Appearance of counsel in both petitions For Petitioner in Crl.R.C.No.1214 of 2019 & respondents in Crl.R.C.No.1480 of 2019 Mr.C.Prabakaran For Respondent in Crl.R.C.No.1214 of 2019 & Petitioner in Crl.R.C.No.1480 of 2019 Mr.R.Yogesh for M/s.S.S.Thenmozhi COMMON ORDER Since the issue involved and the relief sought in both these revisions are one and the same, they were heard together and decided of vide this common order.

¶2These revisions have been filed against the order dated 18.09.2019 made in M.C.No.618 of 2015 on the file of the II Additional Family Court, Chennai.

¶3The petitioner in Crl.R.C.No.1214 of 2019 has filed the revision, seeking enhancement of the maintenance amount awarded in M.C.No.618 of 2015 on the file of II Additional Family Court, Chennai. The petitioner in Crl.R.C.No.1480 of 2019 has filed the revision petition challenging the order of maintenance in M.C.No.618 of 2015, whereby a sum of Rs.5,000/- each was ordered to be paid to the respondents/wife and minor child as interim maintenance by the petitioner/husband.

¶4The marriage between the first petitioner in Crl.R.C.No.1214 of 2019 and the petitioner in Crl.R.C.No.1480 of 2019 was solemnized on 18.01.2013. Out of the wedlock, a male child was born to them, who is the 2nd petitioner in Crl.R.C.No.1214 of 2019. While being so, due to some misunderstanding, they got separated. Consequently, the wife and the minor child were unable to maintain themselves and filed a petition under Section 125 of Cr.P.C, seeking monthly maintenance of Rs.25,000/-.

¶5After conducting full fledged trial, the trial Court awarded maintenance of Rs.5,000/- per month each in favour of the wife and the child. Meanwhile, the respondent/husband filed a petition, seeking divorce in O.P.No.306 of 2018 on the file of II Additional Family Court, Chennai. It is also stated that the wife also filed Original Petition viz., O.P.No.4641 of 2015, seeking restitution of Conjugal rights before the same Court. Both the petitions are pending adjudication. In the divorce petition filed by the petitioner/husband, the respondent/wife has filed a petition, seeking monthly maintenance of Rs.25,000/- for herself and the child. The same was challenged by the petitioner/husband in C.R.P.No.1895 of 2025 before this Court and the matter is pending with an interim order directing the respondent to continue to pay a sum of Rs.10,000/- per month to the wife and a sum of Rs.5,000/- to the child.

¶6It is submitted that the petitioner/husband is presently paying a sum of Rs.15,000/- per month towards maintenance to the wife and the minor child. This Court is of the view that a sum of Rs.15,000/- per month is very meagre and the petitioner is affordable to pay such amount.

¶7In view of the above, this Court finds that there is no infirmity and illegality in the order dated 18.09.2019 passed in M.C.No.618 of 2015, on the file of II Additional Family Court, Chennai.

¶8Accordingly, both the Criminal Revision Cases are dismissed. Consequently, connected Miscellaneous Petition is closed. 02-03-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes G.K.ILANTHIRAIYAN J. jd To II Additional Family Court, Chennai. CRL RC Nos.1214 & 1480 of 2019 02-03-2026