Jitendar Soni v. Kushi Soni

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.2225 of 2026 Jitendar Soni S/o.Madanlar Soni No.19/38, Venkatesan Street Sowcarpet Chennai-600001 ..Petitioner(s) Vs

1. Kushi Soni W/o.Jitendar Soni, res at No.19/38, Venkatesan Maistry Street George Town Chennai-600001 Presently at Door NO.901, KLP Abhinandan Apartments, KLP Road, Jai Nagar Pattalam Choolai Chennai-600012

2. Piyushi (Minor) D/o.Jitendar Soni, res at No.19/38, Venkatesan Maistry Street George Town Chennai-600001 Presently at Door NO.901, KLP Abhinandan Apartments, KLP Road, Jai Nagar Pattalam Choolai Chennai-600012

3. Krisha (Minor) D/o.Jitendar Soni, res at No.19/38, Venkatesan Maistry Street George Town

Chennai-600001 Presently at Door NO.901, KLP Abhinandan Apartments, KLP Road, Jai Nagar Pattalam Choolai Chennai-600012 ..Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside the Fair and Decretal order passed by the Honble VI Additional Family Court Judge, Chennai in IA No.4 of 2025 in OP No.1804/2024 dt. 13.10.2025 and pass such further or other orders that are deemed fit and proper in the circumstances of this case and thus render justice. For Petitioner(s):

MR.J.SUNDARAKANCHANI For Respondent(s):

MR.RAMESH KUMAR FOR R1 TO R3

ORDER

Challenging the order passed the VI Additional Family Court Judge, Chennai in IA No.4 of 2025 in OP No.1804/2024 dated 13.10.2025, the respondent therein has filed the present revision petition. The wife had filed a petition before the trial Court seeking interim maintenance for herself and her two minor children. The trial Court awarded maintenance to the wife and a sum of Rs. 5,000/- for the 1st petitioner and Rs.10,000/- each to the children, along with litigation expenses of Rs.50,000/-. Aggrieved by the same, the present revision has been preferred.

2. The learned counsel for the petitioner submitted that the wife is running a bakery and earning a substantial income. It is further submitted that the petitioner is willing to pay maintenance for the children, but not for the wife, who is not inclined to live with him. He also intends to restitute his conjugal rights. It is further contended that the wife has been continuously initiating various complaints and proceedings, thereby causing harassment to the petitioner, and that the award of Rs.50,000/- towards litigation expenses is excessive and liable to be set aside.

3. Per contra, the learned counsel for the respondent/wife submitted that she has no independent source of income and that the petitioner has failed to maintain her. Therefore, she was constrained to approach the trial Court seeking maintenance and has also initiated other proceedings in accordance with law. 4.Considering the submissions made on either side, it is seen that the parties have been living separately since 2024, after the birth of the children. While the revision petitioner has filed a petition for restitution of conjugal rights, the respondent-wife has filed a petition for divorce, and both proceedings are pending. Though it is contended by the petitioner that the respondent is employed, no satisfactory material has been produced to substantiate the same.

5. In such circumstances, this Court is inclined to modify the order passed

by the trial Court. The petitioner is directed to pay a sum of Rs.18,000/- per month towards maintenance, inclusive of the children's expenses, along with arrears. The arrears shall be paid within a period of six weeks from the date of receipt of a copy of this order. The said amount shall be paid regularly till disposal of the pending original petitions. Further, the petitioner is directed to pay 50% of the school fees of the children from the current academic year. Both parties are directed to cooperate for the early disposal of the pending proceedings.

6. This petition is disposed of with the above direction. Consequently, connected miscellaneous petition is closed. No costs. 15-04-2026 Index: Yes/No Speaking/Non-speaking order MPA

To

1. The Judge, VI Additional Family Court, Chennai.

2. The Section Officer, V.R.Section, High Court, Madras.

T.V.THAMILSELVI, J.

MPA and CMP.No.2225 of 2026 15-04-2026