Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 3119 (MAD)

Mani v. Sankaranarayanan @ Rajendran

2014-09-05

P.R.SHIVAKUMAR

body2014
Judgment 1. The petitioner was the wife of the respondent herein. During the subsistence of marriage complaining that her husband neglected and omitted to provide funds for her maintenance, the petitioner filed M.C.No.38 of 2004 under Section 125 of the Code of Criminal Procedure on the file of the Family Court, Madurai for an order directing the respondent to pay maintenance. An order came to be passed by the Family Court, Madurai in the said maintenance case on 22.01.2011 directing the respondent to pay maintenance at the rate of Rs.3,000/- per month to the petitioner towards her maintenance from the date of filing of the said petition before the Family Court. Expressing dissatisfaction over the quantum of maintenance awarded by the Family Court, Madurai, the petitioner preferred this Criminal Revision Case. 2. Pending disposal of the Criminal Revision Case, the respondent chose to file a divorce petition for the dissolution of the marriage in H.M.O.P.No.80 of 2014. Similarly, the petitioner chose to file Crl.M.P.No.53 of 2011 seeking alteration the order of maintenance dated 22.01.2011 made in M.C.No.38 of 2004. In the said petition, the petitioner had prayed for enhancement of the maintenance amount. 3. Now, the learned counsel for both the parties submit that both the H.M.O.P.No.80 of 2014 and Crl.M.P.No.53 of 2011 have been disposed of by a common judgment/order dated 03.09.2014 by the Family Court, Madurai. It is also admitted that the relief of divorce was granted in favour of the respondent herein and at the same time, the respondent herein was directed to pay a lump sum payment of Rs.5 lakhs towards maintenance in lieu of periodical maintenance as ordered in M.C.No.38 of 2004. By the said order, the order impugned in this Criminal Revision Case stands superseded and nothing remains to be adjudicated upon in this Criminal Revision Case. 4. Accordingly, the Criminal Revision Case is dismissed as infructuous. It is made clear that the dismissal of the Criminal Revision Case as infructuous will not be interpreted to mean that this Court expresses any opinion regarding the order passed by the Family Court, Madurai in H.M.O.P.No.80 of 2014 and Crl.M.P.No.53 of 2011 dated 03.09.2014.