Madras High Court
CRL RC/576/2025 of A.Selvan Vs Bharani Alias Vignesh on 23 September 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 576 of 2025
and
Crl.M.P.No.9024 of 2025
CNR: {HCMA010511872025}
A.Selvan
S/o.Archunan,
Mel Veethi Kottavadi Post,
Valappadi Via Salem District.
...Petitioner
Vs
Bharani @ Vignesh
Represented by his mother/next friend
D.Jyothikanna,
No.169/1, Venkatesapuram,
Kumaarasamipatti, Salem - 636007.
...Respondent
Prayer : Criminal Revision Petition filed under Section 397 r/w 401 of Cr.P.C.,/Section 438 r/w 442 of BNSS, praying to set aside the fair order dated 27.01.2025 passed in M.C.No.70 of 2019, on the Family Court, Salem and allow the revision.
For Petitioner:
Ms.M.Birundha
for M/s.PAUL AND PAUL
For Respondent:
Mr.K.Sathish Kumar
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
The Criminal Revision challenges the order passed in M.C.No.70 of 2019 by which the petitioner was directed to pay Rs.8,000/- (Rupees Eight Thousand Only) per month towards maintenance of the respondent herein, who was admittedly a differently abled person [70% mental diability].
2. The mother of the respondent had examined herself as P.W.1 and marked Exs.P1 to P10. The petitioner examined himself as R.W.1 and marked Exs.R1 to R13.
3. The respondent sought for maintenance of Rs.15,000/- (Rupees Fifteen Thousand Only) per month, and after considering the evidence on record, the Family Court, Salem, fixed the maintenance at Rs.8,000/- (Rupees Eight Thousand Only) per month.
4. The learned counsel for the petitioner would submit that the marriage between the petitioner and the mother of the respondent was dissolved on 20.09.2024 in F.C.O.P.No.366 of 2016; that pending the said petition, the respondent’s mother claimed maintenance and a sum of Rs.5,000/- (Rupees Five Thousand Only) per month as interim maintenance was awarded, and subsequently, the Appellate Court had reduced the maintenance to Rs.2,500/- (Rupees Two Thousand Five Hundred Only); and that the impugned order has not taken into consideration the orders passed in interim application in F.C.O.P.No.366 of 2016; and that the respondent’s mother is earning sufficiently, and therefore, no maintenance is payable by the petitioner.
5. The learned counsel for the respondent, however, would submit that admittedly the respondent is a differently abled person and suffers from 70% mental disability; and that huge expenses are incurred by the respondent's mother towards maintenance and towards medical expenses.
6. This Court has perused the impugned order.
7. This Court finds that though the respondent’s mother had admitted that she owned some properties, the Family Court found that the petitioner, who is the father of the respondent, is bound to maintain the respondent, considering his mental condition.
8. After taking into consideration the earlier orders awarding maintenance and the status of the parties, the Trial Court had quantified the maintenance at Rs.8,000/- (Rupees Eight Thousand Only). This Court finds no infirmity whatsoever in the finding of the Trial Court as regards the liability of the petitioner to pay maintenance and with regard to quantum. Therefore, the impugned order is confirmed, and the Criminal Revision stands dismissed. Consequently, the connected miscellaneous petition is closed. 23-09-2026 dk
SUNDER MOHAN, J. dk CRL RC No. 576 of 2025 and Crl.M.P.No.9024 of 2025 23-09-2026