J.Yuvarani vs P.Jagadesh Kumar

Court
Madras High Court

CRL RC No. 537 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02-11-2026
CORAM
THE HON'BLE MR.JUSTICE SHAMIM AHMED
CRL RC No. 537 of 2026
and
CRL MP No.4109 of 2026
CNR: {HCMA010391452026}
1. J.Yuvarani
W/o. P.Jagadesh Kumar,
No.19/43, Krishnamurthy Salai,
Erukkanchery,
Chennai - 118.
2. J.Deepshika
D/o. P.Jagadesh Kumar,
No.19/43, Krishnamurthy Salai,
Erukkanchery,
Chennai - 118.
..Petitioner(s)
Vs
P.Jagadesh Kumar
S/o. K.M.Padmanaban,
New No.12, Old No.93,
8th Main Road,
Thiruvalluvar Nagar,
Erukkanchery,
Chennai - 600 118.
..Respondent(s)
Prayer: To set aside the order passed in Crl.M.P.No.741 of 2024 in MC.No.228
of 2022 on the file of V Additional Principal Family Court at Chennai.
For Petitioner(s): Mr. R. Rajesh Kumar
For Respondent(s): Ms. V.M.Poojalashmi
__________
Page1 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
ORDER
This Criminal Revision Case has been filed by the Revision Petitioners,
challenging the order dated 19.08.2025 passed in M.P.No.741 of 2024 in
M.C.No.228 of 2022 by the learned V Additional Principal Family Court,
Chennai, dismissing the application filed by the Revision Petitioners seeking
issuance of summon to the HR Manager/Accounts Manager of PROQOL
Healthcare (P) Ltd., Chennai, for production of the salary particulars and other
employment-related records of the Respondent.
2. The brief facts leading to the filing of the present Revision are that the
first Revision Petitioner is the wife of the Respondent and the second Revision
Petitioner is their minor daughter. The Revision Petitioners have filed
M.C.No.228 of 2022 seeking maintenance under Section 125 Cr.P.C. During
the pendency of the said proceedings, they filed M.P.No.741 of 2024 under
Order XVI Rule 6 CPC read with Section 151 CPC, seeking production of the
Respondent's salary particulars, incentives, variable pay and other emoluments
from his employer, alleging that the Respondent had suppressed his actual
income and financial resources.
3. The learned Family Court, by order dated 19.08.2025, dismissed the
said application, observing that the Respondent had already filed his payslip and
affidavit of assets and liabilities and that summoning the HR Manager of the
__________
Page2 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
employer company was unnecessary and might cause hardship to the
Respondent in his employment. Aggrieved by the same, the Revision Petitioners
have approached this Court.
4. The learned counsel appearing for the Revision Petitioners submitted
that the Respondent had deliberately suppressed his actual income and had
furnished incomplete particulars of his financial status. It is further submitted
that the salary particulars and other employment-related benefits could be
properly established only by summoning the records maintained by the
employer. The learned counsel also pointed out that the Respondent had failed
to comply with the earlier orders relating to payment of interim maintenance
and that substantial arrears remain unpaid. Therefore, the learned counsel
prayed for setting aside the impugned order.
5. This Court has considered the submissions made by the learned
counsel appearing for the Revision Petitioners and perused the materials
available on record.
6. At the outset, it is to be observed that the purpose of maintenance
proceedings under Section 125 Cr.P.C. is to provide immediate and effective
financial support to a wife and minor child who are unable to maintain
themselves. The determination of the income and financial capacity of the
__________
Page3 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
person from whom maintenance is claimed is undoubtedly relevant for deciding
the quantum of maintenance.
7. However, the mere allegation that the Respondent has suppressed his
income does not automatically warrant the summoning of every third-party
witness or employer. The Court concerned is required to examine whether the
documents sought are necessary for effective adjudication and whether the
request is supported by sufficient materials.
8. In the present case, the learned Family Court has taken note of the
payslip and affidavit of assets and liabilities already filed by the Respondent.
The Revision Petitioners have not demonstrated before this Court any specific
material irregularity in the exercise of discretion by the learned Family Court
warranting interference in revision. The mere apprehension that the Respondent
might have received additional incentives or variable pay cannot, by itself, be a
sufficient ground to interfere with the impugned order.
9. This Court is also of the view that the apprehension regarding
suppression of income can be addressed before the learned Family Court while
considering the main maintenance petition. If the Court finds that the income
particulars furnished by the Respondent are incomplete or unreliable, it is
always open to the learned Family Court to call for further particulars or
__________
Page4 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
documents, including records from the employer, if considered necessary.
10. As regards the allegation of non-payment of interim maintenance and
the outstanding arrears, this Court is of the view that the same is a serious
matter. However, such non-compliance, by itself, cannot be a ground to
automatically allow the present Revision, which is confined to the correctness
of the order dismissing the application for issuance of summon. The Revision
Petitioners are at liberty to seek appropriate enforcement of the interim
maintenance order before the competent Court.
11. This Court is therefore of the considered view that the impugned
order does not suffer from any patent illegality, perversity or material
irregularity warranting interference under the revisional jurisdiction of this
Court.
12. Accordingly, this Criminal Revision Case stands dismissed .
However, the learned V Additional Principal Family Court, Chennai, is directed
to proceed with the main maintenance proceedings expeditiously and determine
the actual income and financial capacity of the Respondent on the basis of the
materials available on record. If the learned Family Court finds that further
particulars relating to the Respondent's salary, incentives or other emoluments
are necessary, it is open to the said Court to issue appropriate directions for
__________
Page5 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
production of such records in accordance with law.
13. It is made clear that the observations made in this order are confined
only to the issue arising in the present Revision and shall not influence the
adjudication of the main maintenance proceedings.
14. Consequently, the connected miscellaneous petition is closed. No
costs.
02-11-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
SHA
__________
Page6 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
To
The V Additional Family Court at Chennai.
__________
Page7 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )

CRL RC No. 537 of 2026
SHAMIM AHMED, J.
SHA
CRL RC No. 537 of 2026
02-11-2026
__________
Page8 of 8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 05/11/2026 06:23:07 pm )