Ranganathan Ramani vs Keerthana Ramani @ Riyah
- Court
- Madras High Court
CRL RC No. 2253 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2026
CORAM
THE HON'BLE MR.JUSTICE SHAMIM AHMED
CRL RC No. 2253 of 2026
and
CRL MP No.18594 of 2026
CNR: {HCMA012024112026}
Ranganathan Ramani
S/o Ranganathan,
No.2, Second Cross Street,
Kalathumettu Street,
New Saram.
..Petitioner(s)
Vs
Keerthana Ramani @ Riyah
D/o Ranganathan Ramani,
No.151, Valudhavoor Road,
New Koundapalayam,
Pondicherry.
..Respondent(s)
Prayer: To set aside the order dated 02-08-2025 made in Cr M.P. No. 77/2021
in MC No. 32/2018 by the Family Court, Puducherry and render justice.
For Petitioner(s): Mr. T.M.Naveen
For Respondent(s): Mr. E.Chandrasekaran
ORDER
This Criminal Revision Petition has been filed challenging the order
dated 02.08.2025 passed in Crl.M.P.No.77 of 2021 in M.C.No.32 of 2018 on
the file of the learned Family Court, Puducherry, whereby the petitioner was
directed to pay a sum of Rs.10,000/- per month towards interim maintenance to
the respondent from the date of filing of the petition till the disposal of the main
maintenance case.
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2.The case of the petitioner is that the respondent is his daughter born
through his marriage with her mother and that their marriage was dissolved by
an order dated 07.11.2006. According to him, the Family Court had granted him
custody of the respondent, but her mother continued to retain her custody. It is
his further contention that the respondent was aged about 17 years and 9 months
at the time of filing of the maintenance case and had attained majority shortly
thereafter. Therefore, according to him, she is not entitled to claim maintenance
under Section 125 Cr.P.C., in the absence of any physical or mental
abnormality. He has also disputed the income attributed to him and submitted
that he is employed in Dubai, earning only 3,800 Dirhams per month, out of
which he has to maintain his present family. He further contended that he had
already provided substantial financial assistance to the respondent on earlier
occasions and that he had also paid a sum of Rs.5,00,000/- on 08.07.2026
towards interim maintenance. On these grounds, he seeks to set aside the
impugned order.
3.The learned counsel appearing for the petitioner reiterated the grounds
raised in the revision petition and submitted that the Family Court failed to
consider the maintainability of the main maintenance proceedings and the
respondent's attainment of majority. It was further contended that the interim
maintenance of Rs.10,000/- per month is excessive, particularly considering the
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petitioner's income and financial commitments in Dubai. Hence, the learned
counsel prayed for allowing the revision petition.
4.Per contra, the learned counsel appearing for the respondent submitted
that the petitioner, being her father, is under an obligation to provide financial
support for her maintenance and welfare. The respondent was constrained to
initiate the maintenance proceedings only due to the failure of the petitioner to
provide adequate financial assistance for her upbringing and educational
requirements. It was further submitted that the petitioner is employed in Dubai
and has sufficient earning capacity, but has deliberately attempted to understate
his actual income and financial status before the Family Court.
5.The learned counsel for the respondent further submitted that the earlier
matrimonial proceedings between the petitioner and the respondent's mother
and the order granting custody of the respondent to the petitioner cannot absolve
him of his obligation to maintain his daughter. The respondent has been residing
with her mother and has been dependent upon her for her day-to-day needs and
educational expenses. It was also submitted that the interim maintenance of
Rs.10,000/- per month is reasonable and necessary to meet her basic
requirements. The learned counsel therefore prayed for dismissal of the revision
petition and for a direction to recover the entire outstanding arrears of
maintenance from the petitioner and disburse the same to the respondent.
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6.Heard the learned counsel appearing on either side and perused the
materials available on record.
7.The principal contention of the petitioner is that the respondent had
attained majority shortly after the institution of the maintenance proceedings
and, therefore, is not entitled to claim maintenance under Section 125 Cr.P.C. It
is true that under Section 125(1)(c) Cr.P.C., a major child who is unable to
maintain itself due to physical or mental abnormality or injury is entitled to
claim maintenance, subject to the statutory conditions. However, the fact
remains that the main maintenance proceedings were instituted when the
respondent was still a minor. The subsequent attainment of majority does not,
by itself, retrospectively invalidate the proceedings or the claim relating to the
period during which she was a minor as she is a female child. The question of
her entitlement to maintenance for the subsequent period requires independent
consideration by the Family Court in accordance with law.
8.The petitioner has also relied upon the earlier matrimonial proceedings
and the order granting him custody of the respondent. However, the mere
existence of an order granting custody cannot, by itself, establish that the
petitioner had actually maintained the respondent or provided for all her
necessities. The actual circumstances of residence, upbringing and financial
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support require consideration on the basis of evidence. The petitioner has not
established any sufficient ground at this stage to interfere with the interim
maintenance order on this basis.
9.The contention of the petitioner that he earns only 3,800 Dirhams per
month and has to maintain his present family in Dubai is also a matter requiring
proper appreciation of his income, expenditure and financial commitments. The
fact that the petitioner has responsibilities towards his present family cannot, by
itself, absolve him of his obligations towards his daughter. The Family Court,
after considering the materials placed before it, has fixed the interim
maintenance at Rs.10,000/- per month. This Court finds no sufficient ground to
hold that the said amount is so excessive or unreasonable as to warrant
interference in revisional jurisdiction.
10.The petitioner has further contended that he had previously paid
substantial amounts towards the welfare of the respondent and had recently paid
Rs.5,00,000/- on 08.07.2026. Such payments, if established, shall necessarily be
taken into account while calculating the outstanding maintenance arrears.
However, the alleged payment does not automatically invalidate the subsisting
interim maintenance order or justify setting aside the same.
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11.It is pertinent to observe that interim maintenance is intended to
provide immediate financial assistance to the claimant during the pendency of
the main proceedings. The same cannot be defeated by repeatedly raising
disputed factual questions, particularly when the maintenance proceedings have
remained pending for a considerable period. The petitioner has not
demonstrated any patent illegality, perversity or material irregularity in the
impugned order warranting interference by this Court in exercise of its
revisional jurisdiction.
12.In view of the foregoing discussion, this Court finds no merit in the
Criminal Revision Petition. Accordingly, the Criminal Revision Petition is
dismissed , confirming the order dated 02.08.2025 passed in Crl.M.P.No.77 of
2021 in M.C.No.32 of 2018 on the file of the learned Family Court, Puducherry.
13.The learned Judge, Family Court, Puducherry, is directed to calculate
the entire arrears of interim maintenance payable by the petitioner, after giving
due credit to all amounts already paid, including the sum of Rs.5,00,000/-
allegedly paid on 08.07.2026, subject to verification. Thereafter, the learned
Judge shall take immediate and effective steps, in accordance with law, to
recover the remaining arrears from the petitioner and disburse the recovered
amount to the respondent without unnecessary delay.
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14.The learned Family Court is further directed to proceed with the main
maintenance proceedings in M.C.No.32 of 2018 and dispose of the same as
expeditiously as possible, without granting unnecessary adjournments. While
deciding the main case, the Family Court shall independently consider the
respondent's entitlement to maintenance, particularly for the period subsequent
to attaining majority, in the light of the applicable statutory provisions and the
evidence available on record.
15.It is made clear that the observations made in this order are confined to
the consideration of the challenge to the interim maintenance order and shall not
prejudice the independent adjudication of the main maintenance case on its
merits.
16.Consequently, the connected miscellaneous petition is closed. No
Costs.
03-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHA
To
Family Court, Puducherry.
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SHAMIM AHMED, J.
SHA
CRL RC No. 2253 of 2026
03-11-2026
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