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Madras High CourtCRP/673/2025allowed

V. Manjula v. D. Velu @ Velu Durai

2026-04-28Honourable Mrs.Justice T.V.Thamilselvi5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRP Nos. 673 & 675 of 2025 V. Manjula D/o. (Late) Nagaiah, No.10, Kattabomman, 4th Street, Kodungaiyur, Chennai - 118.

..Petitioner(s) in both CRPs.

Vs.

D. Velu @ Velu Durai S/o. Durai, No.3/325, 61st Street, Muthamil Nagar, Kodungaiyur, Chennai - 118.

..Respondent(s)in both CRPs.

PRAYER in CRP.No.

673 of 2025:

Civil Revision Petition filed under Article 227 of Constitution of India, praying o set aside order dated 11.12.2024 passed in IA No.3 of 2024 in OP No.2954 of 2022 on the file of the Honble III Additional Principal Family Court at Chennai by allowing the CRP.

PRAYER in CRP.No.

675 of 2025:

Civil Revision Petition filed under Article 227 of Constitution of India, praying to set aside order dated 28-11-2024 passed in IA No.3 of 2024 in OP No.2954 of 2022 on the file of the Honble III Additional Principal Family Court at Chennai by allowing the CRP.

in both CRPs.

For Petitioner(s):

MR.A.ILAYA PERUMAL For Respondent(s):

NO APPEARANCE COMMON ORDER Challenging the impugned orders passed by the Trial Judge in IA No.3 of 2024 in OP No.2954 of 2022 dated 11.12.2024 and 28-11-2024, the present revision has been filed.

2. Respondent's name was printed in the cause list, but there was no representation on behalf of the respondent.

3. Before the trial Court, the revision petitioner filed an application seeking reimbursement of the education expenses incurred by her for the minor child. However, the trial Court dismissed the application holding that the respondent/husband had suffered injuries and other ailments. The trial Court also observed that the petitioner/wife was employed and earning income through tailoring work. Though it was admitted that the respondent was earning a salary of Rs. 94,000/- per month, the Trial Court took note of the fact that he had availed loans and was paying EMIs. The Trial Court further observed that maintenance of Rs.20,000/- had already been awarded to the petitioner/wife and Rs.7,000/- to the minor child, and therefore held that the petitioner ought to

meet all expenses, including educational expenses, from the said maintenance amount itself. Accordingly, the application was dismissed. Aggrieved by the same, the present revision has been filed.

4. Admittedly, as on date, the female child is under the care and custody of the revision petitioner, and she is taking care of the child. The respondent is working as a Senior Pharmacist in the Central Government Health Centre and is earning a salary of about Rs.80,000/- per month. There is no material to show that the revision petitioner is earning sufficient income through tailoring work. On the other hand, the respondent is a Central Government employee having a considerable and stable source of income. Therefore, he is bound to pay the school fees and other educational expenses of the minor child, but he has failed to do so. The Trial Judge, without properly considering the source of income and financial capacity of the respondent, erroneously dismissed the application, which requires interference by this Court.

5. Accordingly, the findings of the Trial Court are set aside and the revision petitions stands allowed. The respondent is directed to pay the educational expenses claimed by the petitioner within a period of four weeks and shall also continue to pay the future education expenses of the child for the forthcoming academic years. Further the amount awarded towards maintenance

to the minor child by the Trial Court is enhanced from Rs.7,000/- to Rs.12,000/- per month. No costs.

28-04-2026 Index: Yes/No Speaking/Non-speaking order MPA To

1. The III Additional Principal Family Court at Chennai.

2. The Section Officer, VR section, High Court of Madras.

T.V.THAMILSELVI, J.

MPA CRP Nos. 673 & 675 of 2025 28-04-2026