CRL RC/423/2021 of MOHANA Vs THIRUVENGADAM @ THIRUSELVAM on 23 September 2026

Order

(Order of the Court was made by N.Mala J.)

The revision petitioners have challenged the order of the learned V Additional Judge, dated 29.01.2021, in MC.No.124/2021, awarding a sum of Rs.5,000/- as maintenance to the 2nd petitioner.

The parties will be referred to as per their array in the revision petition.

The petitioners filed a petition in MC.No.124/2021 under Section 125 of Cr.P.C., claiming monthly maintenance of a sum of Rs.50,000/-, for herself and for her minor daughter. The respondent filed a petition for restitution of conjugal rights in HMOP.NO.1348/2015, since the 1st petitioner allegedly refused to return to the matrimonial home. The Family Court conducted a joint trial of both the petitions and by a common order dated 29.01.2021, allowed the respondent’s petition for restitution of conjugal rights by holding that the respondent has proved desertion by the 1st petitioner. The 1st petitioner filed CMA.No.2422/2021, challenging the aforesaid order of the Family Court. The Family Court, partly allowed the maintenance case filed by the wife in MC.No.124/2021, by directing the respondent to pay a sum of Rs.5,000/- per months to the 2nd petitioner alone towards maintenance from the date of the order, i.e., 29.01.2021. Challenging the order passed in MC.No.124/2021. The petitioners have filed Crl.RC.No.423/2021.

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CRL RC No. 423 of 2021

At the time of hearing, this Court deemed it fit to delink CMA.No.2422/2021, and heard the criminal revision alone, since the dispute in the criminal revision, lay within a very short compass.

We have heard both the learned counsels and perused the materials placed before us.

The admitted facts are that, the couple married on 10.06.2005, as per Hindu rites and customs and out of the wedlock, a female child was born on 28.05.2006. Due to the differences of opinion between the spouses, they are living separately for the past 14 years. The 1st petitioner is residing with her parents in Chennai, along with the 2nd petitioner and the respondent is living in his village at Mannadimangalam, Madurai District. While so, the 1st petitioner filed the petition for maintenance for herself and her daughter, claiming a sum of Rs.50,000/- as maintenance. The Court below, on an assessment of the evidence, found that the wife was not entitled to maintenance since she had voluntarily deserted her husband and was living separately for the past 14 years, along with her child. The Court below, however found that the 2nd petitioner was entitled to Rs.5,000/- per month, as maintenance and directed the respondent to pay the same from the date of the order. Aggrieved by the aforesaid order, the wife and her daughter, have filed the above revision petition.

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CRL RC No. 423 of 2021

Though in the grounds of revision, several issues are raised, the learned counsel for the petitioners, at the time of arguments restricted his submission to the effective date of payment of maintenance ordered by the Family Court. The learned counsel submitted that the Family Court , having allowed the petition ought to have directed payment of maintenance from the date of the order, instead of, from the date of petition. We find force in the submission of the learned counsel for petitioner.

It is trite in law that the petition for maintenance if allowed, is generally effective from the date of petition, unless some exceptional reasons are made out for payment from a different date. In the instant case we find no special or exceptional reasons are stated for disallowing the maintenance from the date of the petition. We are therefore, of the view, that the Family Court, ought to have directed payment from the date of petition and not the date of the order. We are therefore inclined to modify the order in MC.No.124/2014, dated 29.01.2021, only insofar as it directs payment of Rs.5,000/- from the date of the order.

Hence, the order of the Family Court dated 29.01.2021, in MC.No.124/2014, is modified to the effect that the monthly maintenance of Rs.5,000/-, payable to the 2nd petitioner, shall be paid from the date of petition. The order with regard to the other aspects is confirmed.

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CRL RC No. 423 of 2021

In view of the above discussions, the Criminal Revision Petition is partly allowed. (P.T.A.,J.) (N.M.,J.) 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AP To

1. The V Additional Principal Judge Family Court, Chennai.

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CRL RC No. 423 of 2021

P.T.ASHA J. AND N.MALA J. AP CRL RC No. 423 of 2021 23-09-2026

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